
P)()()k - ^ 



r'l<!KSENTh'l) liY 



A POLITICAL HISTORY OF THE 
STATE OF NEW YORK 

1865-1869 




HOMER A. STEBBINS, Ph.M., LL.B. 



SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS 
FOR THE DEGREE OF DOCTOR OF PHILOSOPHY 

IN THE 

Faculty of Political Science 
Columbia University 



NEW YORK 
1913 



r /At 



Copyright, 1913 

BY 

HOMER A. STEBBINS 






ij 



^. 



TO 

My Mother 
REBECCA McCABE STEBBINS 

AND 

My Father 
MORRIS WILLIAM STEBBINS 



PREFACE 

This monograph results from the author's interest in 
the politics of the United States and from Professor 
William A. Dunning's suggestion that a study be made 
of the political conditions in New York State correspond- 
ing to the Reconstruction period in the South. Although 
the immediate effects of the Civil War had their direct 
manifestation in the disturbed social, economic and 
political conditions of the South, with the resulting Re- 
construction legislation of the Radical Congress; it is 
also true that the reflex action of the War and of the 
Reconstruction movements produced a disorder which, 
while more political than social or economic, neverthe- 
less caused a general wave of disturbance to sweep over 
the Northern States. This wave was especially notice- 
able in the reorganization of political parties in the North. 
In no Northern State was the reconstruction of political 
parties more marked than in New York, and as it, then 
as now, was the pivotal State of the Union politically, it 
is deemed to be not only of interest but of peculiar im- 
portance to understand the political forces at work in 
the Empire State during the time corresponding to the 
early Reconstruction period of the South. 

In the development of this study it has been necessary 
to rely almost wholly on the newspapers of the period, 
as there is a dearth of other published material. The few 
memoirs, biographies and autobiographies which cover 
these years contain but little of direct value for New 
7] 7 



8 PREFACE [8 

York politics. Interviews with former politicians offer 
an untrustworthy source of information, due to the falli- 
bility of memory, prejudice, and the natural failure to 
tell the whole truth, if detrimental to the person inter- 
viewed. The papers of the day thus become practically 
the sole source. 

Eight New York City and fourteen up-State papers 
have been carefully studied for the period. Statements 
of fact have been compared in two or more papers of op- 
posite political faith. Where a serious divergence has ap- 
peared the consensus of statement of all the New York 
City papers has been ascertained. Special attention has 
been paid to editorial bias ; and causes for animosities, 
local or general, have been taken into consideration. 
The attempt has been made, at least, to give a reason- 
able interpretation of the facts, and assign to Repub- 
licans and Democrats their just due. 

Relative to the up-State press it has been my aim to 
have the northern, southern, western, eastern and cen- 
tral sections of the State represented by their leading 
editors, in order to balance New York City with the 
State politically. In many cases it was found that the 
up-State journals, aside from local political currents, 
largely reproduced the editorial opinion of their favorite 
New York City organ. But in a refreshing number of 
cases, able and independent editorial opinions were 
found. This statement is especially true of the following 
editors : Carroll E. Smith, Syracuse Evening Journal; 
Charles E. Smith, Albany Evening Journal; Ellis H. 
Roberts, Utica Morning Herald, (Republicans); and of 
William Cassidy, Albany Argus; and William Purcell, 
Rochester Daily Union and Advertiser^ (Democrats). 
I wish to extend appreciation and thanks to Dr. 
Joseph A. Mosher, of the College of the City of New 



g] PREFACE g 

York, for friendly criticisms in reading the manuscript, 
and likewise to my wife, Elizabeth Tredwell Stebbins, 
whose unfailing sympathy during the progress of the 
study, and aid in clerical details, as well as in proof- 
reading, have been invaluable. My thanks, however, 
are chiefly due to Professor William A. Dunning, who, 
in reading the manuscript and proof, has given me the 
benefit of his scholarly grasp of the Reconstruction 
period. 

Homer A. Stebbins. 
New York, April 3, 1913. 



TABLE OF CONTENTS 



CHAPTER T 

rAGE 

Introduction 23-28 

CHAPTER II 

Social and Economic Survey of New York at the Close of 
THE Civil War 

New York to be proud of its war record 29 

Advance of New York. 30 

Congested conditions in New York City 31 

Sanitation 3^ 

Inefficiency of the Board of Health 34 

Liquor traffic, prostitution. - 35 

Shipping of New York 36 

Agriculture of New York 36 

Condition of the State Treasury 37 

The Canal receipts 38 

Governor Fenton allays unrest 39 

Steam railroads of the State 39 

The State Banks 40 

The State Census for 1865 41 

Depew's report 42 

Suspicions concerning Depew's report 43 

CHAPTER III 
Party Politics in New York During 1865 

Fenton defeats Seymour in 1864 44 

Johnson and the Radicals 45 

State Conventions in 1865 sustain Johnson's policy 47 

New York State Democratic Convention of 1865 48 

Change of policy developed 48 

Comments of the Times and the World 49 

The Democratic platform of 1865 50 

Charges of the Union State papers 51 

II] II 



12 TABLE OF CONTENTS [l2 

PAGE 

Democrats nominate successful soldiers 52 

Comments on General Slocum 52 

Party tickets 53 

Newspapers' comments on the nominations and convention. . . 54 

The State Convention of the Union Party of New York 55 

Civilians give way to the soldier candidates 56 

General Barlow receives the chief nomination 57 

Consensus of opinion Radical 58 

Contention of the New York factions for Johnson's favor. . • 59 

Explanation of Depew's withdrawal 60 

Radicals affirm right of loyal Southerners to vote on reorganiza- 
tion of the State governments 61 

The Union resolutions of 1865 63 

The Campaign 65 

Three reasons of the Evening Post for inactivity of campaign . . 65 

The Herald supports Raymond 66 

Personal issues in the campaign 67 

Controversy over Weed and Robinson 68 

Charges against Generals Barnum and Barlow 69 

Defence of General Barlow . . ... 70 

Charges against General Slocum; defence 71 

Democrats plead for consideration not based on Seymour's Chi- 
cago platform .... 72 

Seymour's and Seward's addresses. . . . 72 

Charges against the legislature ...... 73 

Campaign closes in a whirlwind of personal defamation 74 

Democrats' past record reviewed by Radicals 75 

Union ticket wins. yy 

New York City and up-State editorial comments 78 

Reasons for a campaign of personal defamation 79 

CHAPTER IV 
Attitude of New York toward Reconstruction 

National politics 81 

Motif in the politics of 1866 ... 82 

The Philadelphia Convention 83 

Raymond's address sounds his political death knell 84 

Raymond declines renomination to Congress 86 

Swinging round the circle, Seward's downfall .... 87 

Political terminology 88 

The Preliminary Conservative Union State Convention 90 

The Union Republican State Convention of 1866 91 

The western and eastern parts of the State in conflict 92 



I^] TABLE OF CONTENTS 13 

PAGE 

Lieutenant-Governor Alvord dropped for General Woodford. . • 93 

The western State papers fall in line 94 

Platform a strong Radical document 95 

General Barlow shows lack of ill-will 96 

Democrats exultant over Fenton's renomination 97 

Radical up-State papers united against Johnson q8 

The Democratic State Convention of 1866 99 

Hoffman and Dix the leading candidates for Governor 100 

Tammany spars for time. loi 

Sandford E. Church springs a coup d' Hat 102 

Weed concedes the defeat of Dix 103 

Church explains 104 

Pierrepont's effrontery ... ... 105 

Hoffman accepts the nomination 106 

Democratic organs give subdued accounts of coup d' Hat ■ ■ 107 

Platform reaffirms principles of Philadelphia Convention .... 109 

Dearth of convincing statements from Democratic press .... no 
Conservative Unionists displeased over condemnation of New 

York City commissions in 

Weed gives his views on the Albany Convention . . 112 

James Gordon Bennett experiences a change of heart Ii2 

CHAPTER V 
The Campaign of 1866 

Campaign active, national questions in forefront 115 

Hoffman accused of being the " Ring's " candidate 116 

Johnson's use of the spoils system hurts Unionist cause 117 

Use of the word happen 118 

Henry Ward Beecher's letter ....... 119 

Greeley answers Beecher ■ . 120 

The Fenian agitation 121 

Excise movement 123 

Hoffman the candidate of the grog shops 124 

The Anti-rent agitation 125 

Southern massacres, Nast's pictures, Nasby's letters, and ill 
treatment of Union prisoners in the South, powerful Radical 

arguments 126 

Conkling strikes keynote of campaign 127 

Hoffman tours State for Democrats 129 

Dissensions in Radical ranks 130 

Syracuse center of the up-State campaign 131 

The September elections 132 



14 TABLE OF CONTENTS [14 



PAGE 



Fenton carries State, great Democratic majority in New York 

City 133 

Local elections in New York City 134 

Legislature Unionist by great majority. 137 

Radical journals deny that the election had been carried under 

false pretenses. .... 138 

Failure of the Copperhead and Conservative coalition 139 

The New York City Charter Election ... 140 
Judge Richard Kelly vs. Richard B. Connolly ..... .141 

Interest in election slight. Tammany wins easily 142 

CHAPTER VI 
The Senatorial Election of 1867 

All eyes centered on the Republican legislature . 144 

Horace Greeley, Charles J. Folger 144 

Senator Ira Harris, Roscoe Conkling 145 

Noah Davis, Lyman Tremaine, George William Curtis 146 

Greeley's general amnesty statement kills his candidacy 147 

Odds in Davis' favor 148 

Fenton's attitude puzzles many 149 

Friends of Alvord and Bruce desire revenge on Fenton 150 

Nominations made 151 

Conkling elected 152 

The Democratic caucus 153 

Conkling's rise meteoric. 154 

The World foresees formation of a Ring in Republican party 155 

The Tribune commends Conkling 155 

Up-State editorial interest in election not marked 157 

Conkling's maiden speech in the Senate 158 

CHAPTER VII 
The Conventions of 1867 

The Union Republican State Convention 159 

Conkling and Fenton contend for control of convention .... 159 

Rival delegations from New York City 160 

Movement for complete change in ticket 161 

The Times and Commercial Advertiser condemn convention . . 162 

Weed blames Greeley for unwise course of convention 163 

Committee appointed to investigate 23rd St. delegation's claims. 164 

Irregularities on both sides 164 

Roscoe Conkling's address 165 

Nomination 166 



jr] TABLE OF CONTENTS 1 5 

PACK 

Weed condemns convention; comments of the World and the 

Tribune. • i^7 

Platform supports Congress, throws sop to temperance element. 168 

Raymond pours oil upon the waters ... 169 

Radical papers in western part of State uniformly approve con- 
vention 170 

Democratic organs considered new ticket a confession of guilt. . 171 

State Temperance Convention 171 

The Democratic State Convention 172 

Seymour still too strong for HofTman 172 

The //<?ra/</ admires Seymour's speech. ... 173 

Tammany rewards Mozart Hall i75 

Seymour rules, John McKeon denounces platform 176 

Platform a pledge to redeem New York from corruption ... 177 

Strife over nominations not keen 178 

Weed gives a cautious approval of the convention. 180 

Greeley's editorial on silence 181 

The up-State Democratic editorials ring true 182 

CHAPTER Vni 
The Democratic Reaction 

Radicals attempt to throw burden of proof 184 

Greeley repudiates Radical resolution on excise 185 

Democrats count on Radical excesses 186 

Radicals explain Democratic success in October elections. ... 187 

Raymond and Greeley caution Radicals 188 

Fernando Wood makes his plans i8q 

William M. Evarts sums up the situation 190 

The Sun and the World warn Democrats 191 

Democratic caution aids their cause ... 192 

The Presidential canvass for the following year 192 

Mid-campaign finds both parties in general apathy I93 

State Convention of Brewers I94 

Merry internecine war between Conservative and Radical factions 

of Republicans 195 

Politics of New York City complex 196 

Nominations in New York City 197 

Venality of Radical legislature given airing 198 

Senator Wolcott J. Humphrey's case 198 

Case of Auditor Benton 199 

Counter charges of Radicals against Tweed Ring 200 

Conservatism of Radical up-State editors 201 



J 5 TABLE OF CONTENTS [i6 

PACE 

Question of the Constitutional Convention's adjournment 202 

Radical corruption in western part of State 203 

Excise movement 2°4 

Democratic family troubles 205 

Homer A. Nelson bids for the Temperance vote • . 206 

Result— Democratic landslide 207 

Greeley blames New York City papers 209 

Radical organs up- State explain • •. 209 

Weed's verdict • 210 

The W^or/cf admits Republican aid 211 

CHAPTER IX 
The Constitutional Convention of 1867 

Composition 212 

High character of delegates 213 

The Judiciary Article 214 

Faults in the present system • • 214 

Court of Appeals receives most serious attention 215 

Debate on Judiciary article 216 

Judge Daly's resume 218 

William M. Evarts' plea for the principle of good behavior ... 220 

Defeat of amendment for tenure during good behavior 222 

Age of Judges. . . 224 

Commission of Appeals 225 

The Supreme Court, majority plan 225 

The minority plan. 226 

Other proposals 227 

Convention changes majority plan to election by districts. . • 227 

Summary in regard to the Supreme Court 228 

Minor courts 229 

Surrogates' Courts 230 

Judiciary Article approved by people in 1869 232 

Suffrage 233 

Existing standard 234 

Committee favors change in the time of residence requirement 235 

Educational qualifications refused 236 

Woman suffrage 230 

Negro suffrage 237 

The Bill of Rights 238 

The petit juries . 238 

The Legislature 239 

New organization of senate and assembly districts 240 

Report of committee on the powers and duties of the legislature. 241 

Convention accepts Court of Claims 241 



17] TABLE OF CONTENTS 17 



PACK 



The Executive 241 

Radical change in veto power proposed 243 

Miscellaneous ... 243 

Consideration of canal questions ... _'44 

No important changes educationally .45 

Report of committee on ofificial corruption . . 246 

State charities receive exhaustive attention . . .247 

Recommendations of the committee on submission . 248 

Resume ... 248 

Submission ,.>54 

Questions regarding submission 255 

People reject the proposed constitution, except judiciary article . 256 

Political aspects of the convention 256 

Great political power brought to bear upon convention .... 256 

Unpopularity of the proposed constitution 258 

Greeley's attitude hurt the convention . . 259 

Accusations of Democrats over adjournment 260 

The Herald uncompromising in its criticism 261 

Action of the Union Republican party on negro suffrage a severe 

handicap 262 

The Nation gives two causes for failure of convention 263 

Up-State Radical papers minimize the Democratic attacks . . . 264 

Revised constitution center of attack in campaign of 1869 ... 265 

Summary 266 

CHAPTER X 
The Alliance of Wall Street and the Legislature 

Introduction 267 

Erie raid of 1865. . 269 

Drew's harvest 270 

An interlude 272 

Vanderbilt reopens hostilities , 272 

The crisis 273 

March 10, 1868 . . . . ... 274 

Fisk seizes shares . . . 276 

Injunction of universal application 2^^ 

New York legislature takes cognizance of the Erie War . . . 279 

Legislative committee investigates 280 

Two reports submitted . 281 

Senator Mattoon's secret visits 282 

Bill to legalize recent issue of Erie stock 283 

Gould goes to Albany 284 

Gould's arrest. 284 



Q TABLE OF CONTENTS [l8 

lo 

PAGE 

Mr. Glenn charges that Erie Bill was bought •" " " S 

Glenn demands that Mr. Frear be relieved from committee.. • • 287 

Testimony of Glenn. ^g 

Mark M. Lewis testifies. 

Evidence of Assemblymen Ray and Ranney •.• • ^ 

Committee finds the charges against Frear unjustified. ' ' ^ ^l 

Legislature whitewashed. 

Vanderbilt withdraws 

Peace negotiated 

The Settlement ■ ■ '',,'''' 20>? 

Gould and Fisk forced to acquiesce in settlement ^yi 

Fruits of the harvest. ^^ 

Justice Barnard fines directors for contempt ^y/ 

Aim of chapter . ■ g 

Senator Hale's Committee. ■ ■ 

Mr. Thompson's testimony ^^ 

Luther Caldwell testifies. . . . • • 

Committee makes savage attack on the press J 

Legislature again whitewashed 

CHAPTER XI 
New York and the Presidential Nominations in 1868 

The Republican State Nominating Convention 303 

Fenton controls New York City contest 304 

Delegates. - • • 308 

Resolutions. 

The Republican National Convention «> ^ 

Unfavorable auspices for the convention 309 

Grant's name accepted without serious question 3io 

New York delegation centers attention of delegates 3io 

New York delegation not a unit 3io 

New York forces the admittance of the Southern votes . ' " ^il 

Lyman Tremaine allays excitement 3I2 

Moderates win point in platform. 

Grant nominated ■■■'•',,.' oti 

Fenton among leaders on ballot for vice-president . 31I 

Fenton loses to Colfax • _ ■ ; • 

Platform a compromise, advantage with Radicals ^M 

Rapid changes in sentiment of Republicans. • 3 4 

Henry Raymond open to conviction on convention. 3i5 

Greeley comments g 

The W^oWcf points out weaknesses 117 

Grant stronger than his party 



IC)] TABLE OF CONTENTS I9 

PAGC 

Up-State papers follow the New York journals 318 

Outlook does not appear roseate to Ellis Roberts. 319 

Albany Evening Journal unrestrained in its enthusiasm .... 320 

Comment of the Utica Daily Observer 320 

The Democratic State Nominating Convention 321 

Seymour's address 322 

Delegates. 323 

Take Seymour's cue 324 

Platform 324 

The Democratic National Convention 325 

Merits of Chief Justice Chase's candidacy 325 

Tilton and Dana favor Chase 326 

Bennett strongly advocates Chase ... 327 

Seymour's address of June 25th . . 328 

Republican papers do not believe Seymour 329 

Democratic situation grave 330 

Mention of Admiral Farragut and Francis P. Blair 331 

Other names used to benefit Chase, Seymour and Pendleton . . 332 

New Democratic sentiment 333 

August Belmont calls the Convention to order 334 

The Herald and the Sun advocate Chase over Sunday 335 

Seymour's address discloses nothing new 337 

Sanford E. Church to be played against Chase ....... 338 

The Herald" s contempt for Church 338 

Platform adopted 339 

Seymour declines to run. 341 

Convention stampeded for Seymour 341 

General Francis P. Blair receives second place 341 

Behind the scenes. 342 

Bennett inconsolable over his failure to nominate Chase 344 

The logic of the World 345 

Dana pronounces Seymour a fair representative of Democracy. . 545 

Greeley outdoes himself 347 

Democratic State journals unite over candidate and platform ■ . 349 

CHAPTER XII 
The State Conventions of New York in 1868 

The Republican State Nominating Convention 351 

Delegates come uninstructed for most part 351 

The New York feud 352 

General John Cochrane made permanent president 353 

Greeley led into ambuscade 354 



^Q TABLE OF CONTENrS [20 



PAGE 



Platform echo of Chicago platform. 356 

Editorial opinion stereotyped. 357 

Greeley hides his wound. 357 

The Evening Post gives qualified assent on Griswold 358 

The Commercial Advertiser strong for Griswold 358 

The World takes but slight notice of convention 359 

The Democratic State Nominating Convention. . - 360 

Vermont elections dampen ardor of delegates. 3oo 

Hoffman vs. Murphy 36i 

Robert Earl permanent president . 302 

Murphy withdraws in favor of Tammany. ... ... 362 

Judge Morris breaks Tammany's slate • 363 

Explanation of the Kings County vs. Tammany incident ... 364 

Platform a comment on Democratic National Platform . . . 366 

Electoral ticket 367 

The Commercial Advertiser and the World pay Murphy tribute 308 

The Sun's pleasantries 369 

Hoffman Democrats' strongest man 370 

CHAPTER Xni 

The Presidential Campaign of 1868 

Campaign does not open with eclat 37i 

Republicans base claims for victory on Grant's popularity . ... 372 

Usual exchange of civiHties 372 

Keynote of campaign 373 

Griswold' s connection with the Monitor 374 

Hofifman's opening address . • ^1^ 

Financial rebuttal of the Times 370 

Maine elections indicate result 377 

Republicans redouble activities in State Zl^ 

Special appeals to Irish and German elements by Republicans. . . 378 
October elections lead the World to demand change in ticket ... 381 
No one found to take Seymour's and Blair's places ... - . 382 

Blair invades East to defend himself 383 

Democratic State Committee's address 384 

Greeley's final broadside. ■ 385 

Conkling returns from West, begins active campaign 386 

Albany £"z'^«x«^./(9«<r«a/ sums up issues 388 

Roberts very conservative 3o8 

Seward's address at Auburn 390 

Presentment of gigantic frauds on eve of election. .391 



21 ] TABLE OF CONTENTS 21 

PAGE 

CHAPTER XIV 

Tweed Carries the State by Fraud 

Seymour and HoflFman victors in the State 3Q2 

The secret circular 393 

Charges of fraud against Tammany. ... 394 

Congressional committee appointed to investigate 395 

Majority report finds gross frauds in election 396 

Evidence of criminal intent in high judicial places 397 

Tammany naturalization committee 398 

Sheriff O'Brien appoints 2,000 toughs as deputies 399 

Minority report finds frauds exaggerated, Republicans guilty . . • 400 

Commercial Advertiser hXamts Republicans for lack of organization. 400 

Greeley consoles Seymour 402 

The ^orW praises Seymour for moderate tone of campaign. . . 403 

The New York City Charter election of 1868 404 

A. Oakey Hall and Frederick A. Conkling candidates for Mayor. 404 

Mozart Hall fails to agree with Tammany on O'Gorman ... 405 

Lack of interest in Charter Election 405 

Tammany wins without effort 405 

CHAPTER XV 

Conclusion 407-413 

Index 425-447 



CHAPTER I 
Introduction 

In the rise of the FederaHst Party and its transforma- 
tion into the States Rights Party ; in the development of 
the Anti-FederaHst or Jeffersonian RepubHcan Party and 
the resultant transformation into the Democracy ; in the 
organization of the National Republicans in 1824, also, 
of their powerful rival the Jacksonian Democracy ; in the 
rise of the Whigs in 1834, and of the Republican Party 
in 1854; as well as in the lesser party movements, New 
York played a leading role due to its great wealth, popu- 
lation, and dominant position socially and industrially. 
This is especially true of New York in the constant party 
disintegration, re-organizations and new alignments dur- 
ing the period from 1852 to 1868. The factors which 
produced these changes were generally active in New 
York. The confusing tangle of party names in the 
period immediately at the close of the Rebellion gives 
evidence of these changes. 

In 1865 the Civil War had been crushed, but few could 
clearly foresee the political results. During the course 
of the War the administration at Washington had not 
only to conduct hostilities, but also to maintain its status 
quo politically in the northern States in order that it 
might carry the War to a successful finish. Lincoln and 
his administration realized the importance of retaining 
the support of New York, but in few if any of the 
northern commonwealths was the task of maintaining 
support harder than in New York. Only during a few 
23] 23 



24 POLITICAL HISTORY OF NEW YORK STATE [24 

months following the attack on Fort Sumter and for a 
short period in the early part of 1862 did New York pre- 
sent a united front politically. For the remainder of the 
Civil War period the politics of the State presented a 
continuous kaleidoscopic succession of party dissensions 
which engendered a heat seldom exceeded. 

The political situation in New York State throughout 
the War presented two chief features : ' first, the fact 
that politics in the State turned entirely upon questions 
of national importance ; and second, the active feud be- 
tween the followers of Thurlow Weed, the founder of the 
Albany Evening Journal, and those of Horace Greeley, 
the editor of the New York Tribune. Weed, who was an 
acknowledged power in the State, was incessantly attacked 
by Greeley. The latter's followers grew into a powerful 
faction in the State both prior and subsequent to the 
transformation of the Republican Party into the Union 
Party. This factional fight developed radical and conser- 
vative wings in the Union Party within the State. The 
Greeley, or radical, wing probably attained its greatest 
power during the War at the Republican-Union State 
Convention of 1862, which nominated General James S. 
Wadsworth for Governor. But upon Horatio Seymour's 
defeat of Greeley's candidate, the conservative wing under 
Weed again seems to have been on top at least by the 
following spring. It would appear that Weed, rather 
than Greeley, was largely responsible for the split in the 
administration forces during the Civil War. Certainly 
Weed's constant use of expediency tended to promote 
division and kept Weed from rising above the plane of a 
politician. 

' For a detailed treatment of politics in New York State from 1860- 
1865, see Brummer, Political History of New York State During the 
Period of the Civil War. 



2c^] INTRODUCTION 25 

By the joint action of the RepubHcan State Convention 
and of the Peoples State Convention in producing a 
Union ticket in 1861, and through the Republican-Union 
State Convention in 1862, a movement was developed, 
which, by an absorption of War Democrats, caused the 
Republicans to drop their name and to adopt the more 
appropriate term Union, as a party title. The designa- 
tion Union was used until after the War. As the major- 
ity of Democrats refused to enter the Union Party, and 
as they logically began to act as obstructionists to the 
national administration, at a time when it was engaged 
in a life and death struggle, the Democracy of New 
York, although claiming an intention to uphold the war 
policy, naturally found itself approaching the position of 
the Copperheads. 

It was of common belief during the period of the War 
that the unpatriotic course of the Democrats, in attempt- 
ing to block an administration trying to preserve the 
unity of the nation, would lead to their downfall, as did 
a similar course on the part of the Federalists during the 
War of 181 2 and in the Hartford Convention. That the 
Democrats of New York came out of the War period 
without apparent loss of strength may be explained 
by the fact that the radicals in the Democratic ranks, 
such as Fernando Wood, were largely restrained by 
the more moderate men. Dean Richmond and Sanford 
E. Church were in favor of prosecuting the War. Gov- 
ernor Seymour proved a cautious advisor. Further, 
the hostile sentiment stirred up among the foreigners 
in New York City over the draft, which culminated in 
the draft riot of July, 1863, was a potent factor in en- 
abling the Democrats to retain their strength in the 
State. This hostility to the draft among the foreign 
element was fanned into a flame by the untiring activity 



26 POLITICAL HISTORY OF NEW YORK STATE [26 

of the Copperheads, and was utilized by Tammany Hall 
at the close of the War to enable the Democracy, in 
spite of its disloyal course throughout the War, to pre- 
sent a solid and aggressive front to the rest of the State. 

It appears clear that not only the radicals in the 
Democratic ranks, but also the party leaders and press 
in general aided in arousing resistance to the enforce- 
ment of the draft. For this. Democracy paid dearly, as 
the Unionists regained control of the State in the elec- 
tions of 1863 and continued their control in the elections 
of the following year. However, in 1864 Lincoln car- 
ried the State by less than 7,000 and Reuben E. Fenton, 
for Governor, by less than 9,000. These small majori- 
ties bring into strong relief the dissensions in the Union- 
ist ranks and the entrenched position of the Democrats 
in local offices in the southeastern counties of the State. 

In 1865 we find a political situation in New York 
State much changed from that which existed at the 
opening of the Rebellion. The furnace fire of the War 
had fused certain of the old party splits. Those who ad- 
vertised themselves as veterans of third parties had dis- 
appeared ; the division between the followers of Douglas 
and Breckinridge showed nothing but the scar ; the terms 
" hards " and " softs," relative to the brands of Demo- 
cratic vintage, were no longer heard ; the Regency was 
forced to contend for its laurels with Tammany, and 
dissensions in Mozart Hall had given Tammany Hall 
opportunity to extend its control. The influence of 
Fernando Wood had been greatly diminished. Tammany 
Hall under the guidance of William M. Tweed and 
Peter B. Sweeny now became a prominent factor in the 
Democratic councils of the State. Dean Richmond 
continued to hold his ascendency in the Democratic 
councils, and Horatio Seymour's influence in the party 
was on the increase. 



INTRODUCTION 



27 



Among the Unionists in 1865 the feud between the 
Weed faction and the anti-Weed, or Greeley, faction still 
flourished. However, with the close of the War and the 
consequent rise of questions concerning Reconstruction, 
a new alignment of issues offered fresh food to nourish 
differences between these factions. In the rise of Fen- 
ton, backed by the radical faction, the power of Weed 
was broken. Nevertheless, Weed was still a power to 
be reckoned with. William H. Seward, although he was 
devoting his entire energies to a successful administra- 
tion of the Department of State, was still looked upon 
as the leader of the conservative faction of the Union 
Party in New York. Weed doubtless still consulted 
him, but Seward perceptibly dropped his active connec- 
tion with State politics at the close of the War. 

On the other hand a group of men who had not as- 
sumed great prominence during the period of the Rebel- 
lion now advanced to positions of leadership in the 
politics of the State. Henry J. Raymond, the editor of 
the New York Times, entered Congress in 1865 and as 
a friend of Seward and Weed he was able to stand 
forth at once as the champion of the administration. 
Doubtless his connection with the New York Times was 
a coign of vantage. In 1865 Governor Fenton and 
Roscoe Conkling had not risen to their later prominence. 
Moreover, the radical wing of the Union Party was still 
under the guidance of Horace Greeley. But the way was 
being prepared for the overthrow of Seward, Weed and 
Raymond, as supporters of President Johnson's policy, 
and the dominance of the machine controlled by Reuben 
E, Fenton, which in turn gave way to the superior 
generalship of Roscoe Conkling, 

It is our special province to discuss the political situa- 
tion in New York State from 1865 ^^ i86g, or during 



28 POLITICAL HISTORY OF NEW YORK STATE [28 

the period of President Johnson's administration. This 
period corresponds with the early Reconstruction period 
in the South. Hence it will be the aim to keep the 
national political situation constantly in view as a back- 
ground for State activities. However, chief attention 
will be directed to a study of the factors which in the 
Unionist, or Republican Party,' brought about the down- 
fall of Seward, Weed and Raymond ; the temporary as- 
cendency of Fenton ; the rise of Conkling ; the failure of 
the Radicals to apply their doctrines on negro suffrage 
to the State ; and the loss of prestige for the Radicals in 
the legislature resulting from the disclosures of venality 
in connection with the Erie War. The above grouping 
of points to which attention will be especially directed 
in the politics of the Republican Party, will be used to 
disclose the attempts of the Democratic Party to re- 
habilitate itself, and to contrast its steady advance in 
power with a corresponding weakening, due to corrup- 
tion, in the Republican control of the State. Although 
questions of national prominence appeared to hold a 
leading place in the campaigns of the period, local rather 
than national issues, together with questionable methods, 
proved to be the factors which enabled the Democrats 
to coalesce and elect John T. HofTman, as Governor 
when for President, Grant carried the State, In view of 
Democracy's course from i860 to 1865, it is not strange 
that this transitional period, corresponding to the turbu- 
lent early Reconstruction period in the South, should 
present the best opportunity to ascertain the causes lead- 
ing to the period of Democratic control in New York 
that began with 1869. 

' The latter name was generally reverted to shortly after the War. 



CHAPTER II 

Social and Economic Survey of New York at the 
Close of the Civil War 

The conditions in New York State during the year of 
1865 made manifest its potential strength and resources. 
Though heavy demands had been laid upon the State 
through the war, its prosperity continued uninterrupted. 
New York, owing to its increased prosperity, was singu- 
larly open to the manipulations of unprincipled politicians. 
The fact that a large proportion of its men of character 
had been sacrificed in the war, or were occupied largely 
with national duties, gave rein to opportunity for the 
self-seekers. It was during this period that the ground 
work was established for the iniquitous plans of those 
who made the New York City and State administrations 
a by- word. 

New York may be proud of its war record. The 
total number of men sent to the field from April 15, 1861 
to December 31, 1864 was 437,701.' The number furn- 
ished in 1865 until the end of the war brings the aggre- 
gate number of men furnished under all calls to 464,701. 
New York led all of the Union States in the number of 
men it sent to the front. Pennsylvania was its next 
competitor with a grand total of 366,326.^ The State 
disbursed in bounties alone, principal and interest $43,- 

^ Adjutant-General' s Report, 1865, p. iz. 

'Report of the Committee on Voltinteering of the County of New 
York, Document 12, vol. i, p. 701. 

29] 29 



30 POLITICAL HISTORY OF NEW YORK STATE [30 

270,337.47.' New York City furnished 148,676 men for 
various terms.'' This number, considering the fact that 
New York was a comparatively small city, is large. 

In 1865, New York City was advancing rapidly to the 
position it now occupies. Already, the increase of the 
cosmopolitan elements ^ among its citizens gave cause 
for serious thought. This was evinced in the incorpora- 
tion of the "Home Building Company" by a group of 
wealthy New York citizens, in an effort to alleviate the 
tenement congestion. The purpose of the company was 
to erect modern houses in Williamsburg, near the ferry. 
These were to be sold at cost, or to be rented at a simple 
interest on the outlay. "^ The Nation summed up the 
popular notion of the laissez-faire attitude which New 
York has been so prone to assume, when it said : 

There is . . . dismal outcry about houses ... in New York. 
The scarcity is great and the ordinary law of demand and 
supply does not seem to work. We are surprised there has 
been as yet no outcry raised against the ' speculators ' for 
bringing the price of houses up. " 

' Messages from the Governors, vol. viii, p. 141. For a sketch of the 
origin of the bounty debt, see Annual Message, 1863, note 6; also ibid., 
vol. V, pp. 454, 571, 609. 

"^Report of the Committee on Volunteering, op. cit., p. 669. 

*The following statistics are based upon the United States Census of 
i860, which found the population of New York City at that date to be 
813,669. Of this number 429,952 were born in the United States. The 
remainder, 383,717, were born in foreign countries of forty-two differ- 
ent nationalities. There were 3,272 marriages, 6,424 births, and 25,196 
deaths in the city yearly. The city taxes amounted to $18,000,000. 
Public amusements drew from the people $2,000,000 yearly. The police 
required $2,000,000 for their support. The average number of immi- 
grants landing per month at Castle Garden was 17,000. City Mission 
and Tract Society Reports, 1865-7, P- 131 • 

* The Nation, vol. i-ii, 1865, P- 163. 

* The Nation, 1865, p. 34. 



3i] SOCIAL AND ECONOMIC SURVEY 31 

These congested conditions in New York City were 
further aggravated in 1865, by the presence of a large 
number of discharged soldiers. New York City was a 
natural center of gravity for them and their presence 
caused great annoyance to the citizens and merchants of 
the city. On Friday August 11, 1865, between three 
and four hundred soldiers paraded the streets of New 
York in order to demonstrate the fact that they needed 
employment.' They considered that the people had 
treated them unfairly. The Nation pointedly remarked, 
that 

many of these gentlemen are a little over particular about the 
kind of situation they will take and display an unreasonable 
fondness for city life. Anywhere outside of New York they 
can find work in abundance, and it is scarcely fair to blame 
the merchants here for the overcrowding of the labor market 
in this particular spot wrought by the laborers themselves.^ 

Moreover, the sanitary 3 condition of New York City 
at this period was in dire need of improvement. A 
movement for reform in this direction was instituted in 
1865 by the Citizens Committee of New York."* This 

'New York Times, August 11, 1865. 

*The Nation, vol. i-ii, 1865, p. 194. 

'A sanitary survey and census of New York City was completed in 
Dec, 1864. The board found that 495,592 persons in 111,000 families 
were living in 15,319 tenement houses and cellars. This made an aver- 
age of 7.25 families or 32.37 persons to a house. The investigators 
found further, that of the 15,309 tenement houses, 3,932, in which 100,- 
675 persons were housed, had absolutely no sewer connections. Daven- 
port, Population of New York, p. 4. 

*The necessity for a thorough sanitary house-cleaning was thrust 
upon New York City, when it faced danger from an epidemic of Asiatic 
cholera in the fall of 1865. Cases of the disease first arrived upon the 
steamship Atalanta, November 2, 1865. The plague, at this time, had 
spread from eastern Asia through western Europe. The Commission- 



32 POLITICAL HISTORY OF NEW YORK STATE [32 

was the most systematic and scientific endeavor to im- 
prove the hygiene of the City ever attempted. The 
Council of Hygiene, which was composed entirely of 
physicians, was a direct attack upon the City's sanitary 
administration.' The total number of deaths during the 
year 1863,^ amounting to 25, 196, ^ made a death rate 
greater than that of any other large city in the world at 
that time. The causes of the various prevalent diseases 
were investigated ; the construction of tenements, sewer- 
age, stables etc., was severely criticised ; and remedies 
were suggested. 

In order to understand the origin and power of the 

ers of Quarantine found themselves entirely unprovided with places to 
receive the patients, or places to segregate suspects. Their funds had 
been spent for other purposes. Upon request of the board. Governor 
Fenton issued a proclamation of impending pestilence. He advised the 
commissioners to assume the responsibility of incurring such liabilities 
as were needed to meet the peril, and to rely upon the legislature to 
ratify their action. Before all needful precautions had been taken, cases 
broke out in the city. A building at Five Points was secured as a 
House of Refuge. The Barracks, situated on the Battery, were fitted 
up for hospital purposes. Arrangements were made to establish another 
hospital in Harlem, incase of need. A central Bureau for Disinfectants 
was opened in Mulberry Street. The streets were cleaned, and endeav- 
ors were made to destroy all foul odors. Tenement houses were de- 
populated and cleaned. These measures proved effective in stopping 
the plague. The high-water mark was reached on August 5, 1866, when 
twenty-nine cases were reported. Publications of the Citizens' Associ- 
ation, pamph. 18, p. 25. Appleton s Annual Cyclopedia, 1865, p. 613. 
New York Eveninj;; Post, Nov. 4, 1865. New York Herald, August 
14, 1866. 

' Report of the Council of Hygiene and Public Health of th& Citizens 
Association ot New York upon the sanitary condition of the city, 1865. 
This report is important in that it took the initial step in the reclama- 
tory process through which New York has been lifted to a more whole- 
some condition. 

'The report only made a study of statistics to 1863. 

^ Ibid. (Report), p. 40. 



33] SOCIAL AND ECONOMIC SURVEY 33 

** Ring " development in New York City, it is important 
to have, besides the facts already stated, some conception 
of the low status of life in certain portions of the City/ 
The party boss early saw the political value of food, 
picnics and entertainments, in his endeavor to herd the 
vote of these quarters. The conditions in certain parts 
of New York City, even today far from ideal, were in- 
finitely worse in 1865. A party of investigators pictured 
the life in the low sections of the Fourth and Sixth 
Wards as follows : 

We first visited some houses in Fisher's Alley, ... In these 
houses we found a family in each room, some with half a 
dozen lodgfers in addition. Children swarmed in the dark 
passag^es, on the broken stairs and in the noisome back yards. 
The walls were cracked, the ceilings leaky, the broken floors 
mended in some places with barrel staves nailed over the holes 
and the windows so patched and dirty as to exclude much of 
the lig-ht.' 

The owners of these barracks and cellars had become 
conscious of danger from a new Board of Health which 
had been appointed ten days previous to the publication 
of this report. The investigators state that 

fifteen hundred loads of filth had been already removed from 
the Fourth Ward, and in many courts and alleys only a dirty 
tide mark on the walls remains to tell of their recent condi- 
tion. Some streets [Cedar Street for instance] were still 
ridged up to the height of nearly two feet for their entire 
length.' 

'Talcott Williams, Tammany Hall (In Historic New York, 1899), 
vol. ii, pp. 33-79- 

* The Nation, vol. i-ii, p. 332. 

^ The Nation, vol. i-ii, p. 332. The report continues: " We next de- 
scended into a number of lodging- cellars, not more than one in five of 



34 POLITICAL HISTORY OF NEW YORK STATE [34 

Is there much room for wonder at the power of the ward 
boss, when one considers the allurements he offered, as 
a momentary relief from these conditions ? " The filthy 
condition of the city entailed a fearful sacrifice of life," 
says Gustavus Myers, " the average deaths yearly being 
no less than thirty-three in one thousand. Nearly all 
the 220 health wardens and special inspectors under 
Francis I. A. Boole, the city inspector, were illiterate and 
unfit."' One of the above health wardens, when asked 
by the Senate committee of investigation the meaning 
of the term " hygienics," answered : " I suppose it is some 
odor that arises from the stagnant water." "^ Speaking 
of the condition of New York City, Andrew D. White, 
who was on the Senate committee, said: "The facts 
which I brought out were sufficient to condemn the 
whole existing system twenty times over."^ The sordid 
congestion in New York City, together with Tammany's 

which was lighted, except perhaps by a window in the upper part of the 
room. Dark, damp, un ventilated and so cramped that we were fre- 
quently unable to stand upright, these dens paid a rent of from nine to 
sixteen dollars a month. . Although we were always careful to leave 

the door open wherever we entered, a few minutes in such an atmos- 
phere were enough to produce oppression of the lungs and a disagree- 
able taste in the mouth. What must it be towards morning, after a 
dozen men and women have been sleeping there for hours? • • • Turn- 
ing into East Gotham Court, we found a block of tenement houses, up- 
wards of one hundred and fifty feet long, standing at right angles to the 
street. . . The narrow alley-way which gave access to these dwellings 
was pierced, at regular intervals, with open gratings, down which we 
looked into a continuous open sewer, the common sink of all. It was 
fortunate for us that the keen cold kept down its terrible exhalations." 

^ Gustavus Myers, A History of Tammany Hall (New York, 1901). 
p. 248. 

^Senate Documents, 1865, vol. ii, no. 38, p. 467. 

^Autobiography of Andrew D. White (New York, 1905), vol. i, p. 
126. Cf. Matthew Hale Smith, Sunshine and Shadow in New York 
(Hartford, Conn., 1883), passim. 



35 I SOCIAL AND ECONOMIC SURVEY 3^ 

ability to utilize this condition for its own ends, was the 
chief source of the power for Tammany Hall. Further, 
when one considers the fact that New York City has 
always counterbalanced the remainder of the State politi- 
cally, it appears clear that this same condition was one 
of the chief sources of power for the Democratic Party 
in New York State. 

Under the discussion of party campaigns it will be 
shown that the political control of the congested dis- 
tricts in the cities of the State was closely related to the 
liquor traffic. In each campaign and especially in 1867, 
the influence of this element was a determining factor. 
New York City alone in 1865, it is estimated, had 10,000 
places where intoxicating liquors were sold, with gross 
receipts annually of $5,000,000, assuming an average of 
$500 to each place.' Co-equal as a field for police graft 
and political jobbery, we find that a low estimate of 
the value of the real and personal property invested for 
immoral purposes in New York City was placed at 
$5,000,000.^ Further, it was estimated that the amount 
of money spent in houses of assignation, together with 
the sums required for the expenses of criminal and 
humane institutions resulting from the social evil, must 
total at not less than an additional $5, 000, 000. ^ 

Industrially, the condition of New York State in 1865 
was strong. It is true that between 1861-5 there was a 
period of depression in shipping, due to the use of 
American vessels for war purposes, the occupation of 

' Ciiy Mission and Tract Society Reports, 1865, p. 132. 

*Ibid.; from police investigations and medical testimony it was calcu- 
lated that there were 7,500 prostitutes and 2,500 other women who fre- 
quented houses of ill fame. Hence a mean total of 10,000. 

^Ibid.; allowing for a natural prejudice, these reports are considered 
fairly accurate. 



36 POLITICAL HISTORY OF NEW YORK STATE [36 

northern manufacturers in making war supplies to be 
used at home, and a lack of faith in American financial 
integrity on the part of foreign markets induced by the 
stress of war. The American shipping of the Port of 
New York, used in connection with the foreign trade, 
declined from 1,618,258 tons in 1861 to 774,459 tons in 
1865.' The movement in New York reflected the larger 
movement throughout the country between the years 
1861 to 1865.^ For the United States the aggregate 
tonnage, inclusive of steam vessels, was 5,539,813 tons in 
1861. This was reduced in 1865 to 4,986,813 tons. 3 The 
tonnage in use for foreign trade dropped from 2,642,000 
tons in i860, to 1,092,000 tons in 1865. This equals a 
reduction of sixty per cent.'* The gross annual value of 
exports and imoprts illustrates the same movement. In 
1 861, the total value of the exports from the United States 
was $410,856,818, while that of imports was $352,075,535. 
We find them reduced in 1865 to $336,697,123 for the 
exports and to $234,339,810 for the imports. ^ Strik- 
ingly contrasted with its decline in shipping, the agri- 
culture of New York flourished throughout the Rebel- 

^ Appleion' s Annual Cyclopedia, 1865, p. 383. 

"^ Ibid.., p. 183. A comparative summary of the clearances from the 
port of New York during the year 1865 shows: 

No. vessels. Tonnage. Seamen. 
American vessels . . ggo 664,096 20,453 

Foreign vessels ..... 3,202 1,495,226 54,264 

4,192 2,159,322 74,717 

Many vessels arrive from foreign ports which clear for a coastwise 

port. Hence, the clearances for foreign ports are generally fewer than 

the direct arrivals. 

^Executive Documents, 1st Session, 39th Congress, Report of the 

Secretary of the Treasury, 1865, p. 1-146, etc. 

* Ibid. 

* Chamber of Commerce, N. Y., Annual Report, 1864-5, partii, p. 121. 



37] SOCIAL AND ECONOMIC SURVEY 37 

lion in spite of the large recruitment from the State.' 
This was accounted for by the introduction of labor- 
saving machinery which compensated for the lack of 
men.^ With the exception of an unusual drought here 
and there through the summer of 1865 ^he year was fav- 
orable to crops. Peace immediately gave a new impulse 
to commerce in all sections of the country but especially 
in New York. With the growth in commerce came a 
like expansion in manufactures and agriculture. 

The New York State Treasury receipts during the fiscal 
year which ended on September 30, 1865, including all 
funds except the canal fund, were $16,273,665.3 The 
payments made on the account of all funds except the 
canal fund were $16,183,095.98. Hence, there was a 
balance in the treasury at the end of the fiscal year of 
$90,569.78. The actual receipts from all sources were 
$11,912,936.48; the actual payments, which included the 
deficiency* from the previous year, were $13,012,330.54. 
This left a shortage on September 30, 1865, of $1,179,- 
394.06. Had the City of New York paid its taxes before 
the end of the fiscal year,^ to the amount of $2,667,437.04, 

^Census of the State of New York, 1865, F. B. Hugh. The total 
assessed value of real estate in New York State in 1865 was ;?i,i6o,- 
848,745. Appletoti' s Ann . Cyclopedia, 1865, p. 3. The New York wheat 
crop was larger than that of 1864. In rye, the State was second to 
Pennsylvania in order of production. The barley crop (11,391,286 
bushels) was nearly two- fifths of the entire crop produced in the United 
States. New York State led in hay and oats. The hop crop of which 
New York contributed nine-tenths of the total yield, was small owing 
to lice. 

'^Messages from the Governors, Fenton, 1865, vol. v, p. 595. 

' New York State Comptroller s Report, January 2, 1866, from which 
all the following figures are taken. 

♦$863,814.67. 

*The reason for New York City's delay in the payment of taxes due, 
arose from the fact that they were not collected until in the fall, which 
was nearly a year later than in the other counties. 



38 POLITICAL HISTORY OF NEW YORK STATE [38 

there would have been a balance in the State treasury of 
$2,758,006.82. Likewise, in place of an arrearage in the 
general fund, there would have been a surplus of 
$1,488,042.98. 

The funded debt of the State was diminished to the 
extent of $8,137,435.99 from i860 to 1865. The canal 
and general fund debts were $33,612,975.85 on Septem- 
ber 30, i860; at the end of five years, they were $25,- 
475,539.86. It appears obvious that at this rate the 
State would have been entirely free from debt in a few 
years. However, the large bounty loan, made in 1865, 
which up to December 10, 1865, amounted to $25,566,- 
000,' placed the liquidation of the State's debt further in 
the future. The new bounty loan, with the canal and 
general fund debts, placed the total debt of the State 
on December 10, 1865, at $51,041,539.86. 

The Canals showed receipts from tolls and other sources 
amounting to $3,577,465.45. The disbursements were 
$1,927,373.59, which left a surplus reserve of $1,650,- 
091.86, to be paid into the sinking fund. These receipts, 
when compared with those of the preceding year, show 
a diminution of $763,800.07. In Comptroller Robinson's 
report for December 30, 1865, he called the attention of 
tax-payers to the fact that while the canal receipts "are 
rapidly diminishing, the expenses are still more rapidly 
increasing." After citing figures" to illustrate his point, 
he continued : " These facts and figures are instructive 

^ New York State Comptroller' s Report, Jan. 2, 1866. 

^Ibid., pp. 27-8. "In 1863 the receipts were $5,118,501.35, and the 
payments for collection and ordinary repairs, $770,882.52. In 1865 the 
receipts were $3,577,465.45, and the collection and ordinary repairs, 
$1,927,373.59. In 1863 the surplus, to meet the requirements of the 
Constitution, was $4,347,618.83, leaving a "remainder" of $981,376.17. 
In 1865 the amount was but $1,650,091.86, leaving a deficiency of 
$1,716,150.80, to be provided by taxation. In 1863 the percentage, 



39] SOCIAL AND ECONOMIC SURVEY 39 

and are worthy of the attention of those who think that 
a state can manage the business of transportation better 
than private individuals, and who are proposing to build 
new canals, and to commence another enlargement of 
some old ones." ' 

Governor Fenton attempted to allay the unrest pro- 
duced in certain quarters by the decrease in the canal 
revenue. He stated that this condition may have been 
brought about through the anxiety of producers to get 
their stock to market while prices were high. " Often- 
times their interest will be promoted by paying a higher 
rate of railroad transit, with a view of seeking a market 
which to-day is buoyant, and to-morrow may be de- 
pressed."' He expressed the belief that the canal in- 
come would revert to its normal condition. 

The steam railroads of the State for the year ending 
September 30, 1865, show earnings of $48,642,966. ^ 
Their disbursements, excluding that spent for construc- 
tion, but inclusive of $155,000, carried to the surplus 
fund, were $48,742,428. Roads operated by horse power 
earned $5,948,657. The payments of the latter roads 
amounted to $5,853,440, including $226,283 to the sur- 
plus fund. 

An extensive change was made in the banking system 
of the State. On March 9, 1865, the legislature passed 

which the cost of maintenance of the canals bore to the amount of tolls, 
was but 15.33; in 1865 it rose to the enormous rate of 54-73, being far 
greater than in any year since the canals went into operation. And 
this statement does not include the heavy payments for extraordinary 
repairs, which would make it much higher." • 

^JVgw York State Comptroller' s Report, Jan. 2, 1866, p. 29. 

^Messages from the Governors, vol. v, p. 593. 

' Appleton's Annual Cyclopedia, 1865, p. 612. 



40 POLITICAL HISTORY OF NEW YORK STATE [40 

an act ' to enable the State banks to transfer their organ- 
ization and business to the national system without the 
necessity of formal dissolution, or the concomitant in- 
convenience of a dispersion of their capital and earnings. 

Between March 9th and September 30th, 1865, one 
hundred and seventy-three banks closed their business 
as State institutions and were converted into national 
banks. ^ In addition to these, twenty banks had effected 
the change previous to the passage of the " Enabling 
Act." Thus, in the fiscal year of 1865, one hundred and 
eighty-three banks were transferred with their wealth to 
the national system. ^ 

The Superintendent of the Banking Department in his 
report transmitted to the legislature, March 3, 1865, 
stated that the condition of the savings banks of the 
State was "one of great prosperity."* On the first of 
January, 1865, there was due to depositors $111,737,- 
763,5 an increase of nearly $18,000,000 over the previous 
year. The total resources of the savings banks were 
$119,341,393. 

' Annual Report of the Superintendent of the Banking Department 
of the State of New York, December 23, 1865, p. 2. 

''Ibid. 

*The extent of the change may be seen from the report of the Super- 
intendent of the Banking Department, as follows: The capital invested 
in banking, under our State laws, on September 24, 1864, was $107,306,- 
948; on September 30, 1865, $20,436,970; decrease during fiscal year, 
$86,869,978. Greatest decrease in any previous year during the last ten 
years, $1,951,199. 

^Chamber of Commerce, New York State Annual Report, 1864-5, 
p. 87. 

^ Ibid., the interest received was large, being $6,718,217. This was 
more than six per cent, on the aggregate amount of deposits, and was 
attributed to investments in governmental securities. The interest on 
these was payable in gold, which had a high market value through the 
year. Hence, the interest was converted into currency at the high 
premium. 



41 ] SOCIAL AND ECONOMIC SURVEY 41 

In accordance with the requirements of the constitu- 
tion, the State census was taken beginning the first 
Monday in June, 1865. The population of New York 
State was found to be 3,831,977/ It was discovered that 
instead of the expected increase, the population had 
diminished to the extent of 48,958 from the census of 
1860.^ The decrease was still greater for New York 
City, which showed a loss of 87,283, from the census of 
i860. In his "Preliminary Report," ^ Secretary Chaun- 
cey M. Depew said, in partial explanation of this phe- 
nomenon : " The extraordinary efforts made by New 
York in common with the loyal States, for the mainten- 
ance of the Union, could not fail of being shown in the 
results of the census. In every state where a census has 
been taken within the last year, this influence is shown, 
and if the aggregates are less than anticipated, it is 
only because we have under-estimated the effect of the 
cause." The papers of the State not in sympathy with 

* Census of the State of New York, 1865, p. 44. 

""Ibid. 

^ Appleton s Ann. Cyclopedia, 1865, p. 615. It is interesting to note 
the reasons given by towns for unusual decrease, as shown by the 
census of i860. 

1. In 65 towns it was ascribed to emigration. 

2. In 37 towns it was ascribed to consolidation of farms. 

3. In 32 towns it was ascribed directly to the war. 

4. In 25 towns it was ascribed to imperfection of returns in i860. 

5. In 23 towns it was ascribed to discontinuance of manufactures. 

6. In 18 towns it was ascribed to increased mortality. 

7. In 18 towns it was ascribed to removals to Canada to avoid draft. 

8. In 15 towns it was ascribed to decrease or discontinuance of the 

lumber business. 

9. In 12 towns it was ascribed to deaths in military service. 
ID. In II towns it was ascribed to completion of railroads. 

II. In II towns it was ascribed to removals to the Pennsylvania oil 
fields. 



42 POLITICAL HISTORY OF NEIV YORK STATE [42 

the Union party were loud in their denunciation of what 
they termed Depew's "census fraud."' 

The statistics of the State census for 1865 reveal some 
interesting facts. The native-born citizens formed 
67.84 per cent of the population.'' The negroes, who 
had been steadily diminishing for the previous twenty- 
live years, numbered 44,708, forming but 0.0116 per 
cent of the total population. The number of manufac- 
turing establishments reported was 17,522, with a capital 
of $175,952,228, and a product of $349,185,357.3 These 
figures, compared with those of the United States Census 
of i860 for New York State, show a decrease of 5,102 
in the number of manufacturing establishments, an in- 
crease of $3,056,576 in the capital invested, and a decrease 
in the annual value of the products of $29,685, 5 82. "^ It 
should be suggested that the people of the State may 
have given inaccurate figures to the enumerators as to 
the number and age of male children owing to a fear of 
military conscription. The complete figures on manu- 
facture were doubtless withheld, for fear of public con- 
tumely over an increase of wealth at the government's 
expense, or through fear of special taxes. Further, 
there was a suspicion abroad as to the honesty of the 
census report. The Democratic State Convention adopted 
a resolution which charged Secretary of State Chauncey 
M. Depew and his assistants with fraud. Whether the 
Unionists did actively conspire to rob the Democrats of 

^Syracuse Daily Courier and Union, Sept. 25, 1865. 
' Census for the State of New York, 1865, p. 121. 
^ Ibid., p. 479. 

* Eighth Census of the United States, i860, Manufactures, p. 419. 
In i860 the number of establishments equaled 22,624. In i860 the cap- 
ital invested equaled $172,895,652. In i860 the annual value of products 
equaled $378,870,939. 



43] SOCIAL AND ECONOMIC SURVEY 43 

their laurels for having kept the State in a prosperous 
condition, we are unable to say. At any rate there was 
a persistent belief current that the prosperity of the State 
had been greater than the returns declared. It appears 
strange to me, that there should have been such a de- 
crease in the annual value of the manufactured products, 
in view of the call for war supplies and the prosperous 
condition of agriculture.' 

* For a resume of the religious and allied activities in New York State 
in 1865, see City Mission and Tract Society Reports, 1866, pp. i-i44- 
For the educational situation in New York State in 1865, see Fairlie, 
Centralization in New York, passim. Laws of New York, 1795, ch. 
Ixxv, pp. 248-54; ibid., 1844, ch. cccxi, pp. 464-5; ibid., 1854, ch. vii, 
pp. 230-232; ibid., 1856, ch. clxxix, pp. 285-96; ibid., 1864, ch. ccccclv, 
pp. 1281-4. New York, Report of Superintendent of Public Instruc- 
tion, 1866. Annual Report of the City Superintendent of Schools, New 
York City, 1866. City Mission and Tract Society Reports, 1866, p. 132. 
Annual Report of the Finance Committee of the Board of Education, 
1865, no. 13, p. 8. (Documents of the Board of Education.) 



CHAPTER III 

Party Politics in New York During 1865 

Although we have found New York State generally 
prosperous at the close of the War, matters politically 
were far from satisfactory. New York City at that time 
was in the grasp of the notorious Tweed Ring, while the 
State was being mulcted by a corrupt Canal Ring under 
the Unionist flag.' Further, the fight in New York be- 
tween supporters of the Union and Copperheads had left 
many scars, especially as a result of the campaign of the 
previous year. Horatio Seymour, the Democratic War 
Governor, had made himself so obnoxious to the sup- 
porters of the administration that next to the election 
of Lincoln his defeat was the end most desired. Reuben 
E. Fenton, of Chautauqua, was the instrument which 
brought about Seymour's downfall.'' Seymour, who had 

■ As the exposures which shattered these corrupt rings came in the 
seventies the matter lies without the province of this monograph. 
*The Union State ticket was: 

Governor — Reuben E. Fenton, of Chautauqua. 
Lieutenant-Governor — Thomas G. Alvord, of Onondaga. 
Canal Commissioner — Franklin A. Alberger, of Erie. 
Inspector of Prisons — David P. Forrest, of Schenectady. 
Electors-at-Large— Horace Greeley, of New York. 
Preston King, of Ogdensburg. 

New York Tribune, Sept. 8, 1864. 
The Democratic ticket was: 

Governor — Horatio Seymour, of Oneida. 
Lieutenant-Governor — David R. Floyd-Jones, of Queens. 
Canal Commissioner — Jarvis Lord, of Monroe. 
Inspector of Prisons — David McNeil, of Clinton. 
Electors-at-Large — William E. Kelly, of Dutchess. 
Washington Hunt, of Niagara. 

New York Tribune, Sept. 16, 1864. 
44 [44 



45] PARTY POLITICS DURING 1865 45 

declared that the war would be a failure, and whose 
speech at the National Democratic Convention at Chi- 
cago was a malignant arraignment of the administra- 
tion/ was discredited. 

When it became known shortly after the polls closed 
on election day that Lincoln's victory in the country had 
been overwhelming, the outcome in New York was still 
doubtful. However, the final returns for the State gave 
Lincoln a majority of 6,749 over McClellan.'' On the vote 
for Governor, Fenton ran ahead of Lincoln's vote by 822. 
Mr. Fenton received 369,557 and Mr. Seymour 361,264, 
which made Fenton's majority 8,293.^ In the Legislature 
the Unionists had the controlling influence.'* Twenty 
Unionists and twelve Democrats constituted the New 
York delegation in the House of Representatives. Ros- 
coe Conkling, of Utica, and John A. Griswold, of Troy, 
both men of prominence in New York politics through 
this period, were typical of the men sent to the Thirty- 
ninth Congress. 

This Congress, strongly Radical, was presently at cross 
purposes with President Johnson. The chief political 
interest of the early Reconstruction period centered 
around the battle which was waged between the Presi- 
dent and Congress. The policy which Johnson pursued 

^Public Records of Horatio Seymour, p. 231, Speech Aug. 30, 1864. 
" This administration cannot now save this Union, if it would. It has 
by its proclamations, by vindictive legislation, by displays of hate and 
passion, placed obstacles in its own pathway which it cannot overcome, 
and it has hampered its own freedom of action by unconstitutional acts." 

''■ Tribune Almanac, 1865, p. 48. In electoral votes for the whole 
country Lincoln had 179 and McClellan had 21. The popular vote in 
the State gave Lincoln 368,735; McClellan, 361,986. Lincoln's ma- 
jority, 6,749. 

Ubid. 

*Appleton's Ann. Cyclopedia, 1865, p. 588. Unionists— Senate, 21; 
Assembly, 76. Democrats— Senate, 11; Assembly, 52. 



46 POLITICAL HISTORY OF NEW YORK STATE [46 

was substantially Lincoln's. He limited the right of suf- 
frage to white men, but favored qualified suffrage for the 
negroes.' The Radicals in Congress were not satisfied 
with Presidential Reconstruction, being averse to any 
policy which excluded the negroes from participation in 
public afifairs. There were at least five prominent theo- 
ries^ in regard to the policy which should be pursued 
toward the South. Nevertheless, all the various party 
groups were of one mind in that some conditions should 
be imposed on the States which had rebelled. At first 
Andrew Johnson, who held that " Treason must be made 
odious,"^ was of this opinion.'* All might have gone 
well had Johnson called an extra session of Congress or 
maintained his original policy. ^ By continuing in rela- 
tionship with his own party, the conservative elements in 

^Fleming, Documentary History of Reconstruction (Cleveland, O., 
1906), vol. i, p. 177. McPherson, History of Reconstruction (Wash- 
ington, 187s), p. 19. 

* Dunning, Essays on the Civil War and Reconstruction (New York, 
1904), pp. 99-112: 

1. The Southern Theory. War waged against an insurrection of 

individuals. 

2. The Presidential Theory. Indestructibility of a State - suspended 

animation. 

3. Charles Sumner's "State Suicide" Theory. 

4. Thaddeus Stevens' "Conquered Province" Theory. 

5. Forfeited Rights Theory. Compromise between the above sets. 

'McPherson, op. cit., p. 46. 

*Cy. Autobiography of Oliver Otis Howard (New York, 1907), vol. 
ii, p. 227. 

* Instead the President restored all property rights, except as to slaves, 
to those lately in rebellion, provided they swore to support the consti- 
tution and obey the Emancipation Laws; pardoned those who had taken 
part in the war; and appointed Provisional Governors for the States 
lately in Rebellion except Arkansas, Louisiana and Tennessee. Cf. 
McPherson, pp. 9-12. Blaine, Twenty Years in Congress (Norwich, 
Conn., 1884), passion. 



47] PARTY POLITICS DURING 1865 ^y 

it would have modified his own action.' Possibly, had 
Johnson yielded to Congress, when he saw it impractic- 
able to proceed, as did President Grant, the South might 
have been saved the oppressive Reconstruction measures.' 

But, as the Thirty-ninth Congress assembled, the late 
rebel States were largely coming into the hands of those 
who had engaged in the Rebellion. Their legislation 
apparently indicated a desire to keep out of power the 
loyal men. They were encouraged in this policy by the 
obstinacy of Johnson's course. Their attitude took on 
the nature of defiance and often resulted in insults to the 
loyal whites and oppressive acts toward the freedmen.^ 
These causes, together with Johnson's habit of denuncia- 
tory declamation, were a potent source for the animosity 
which arose between Congress and himself.'^ 

A majority of the conventions held by both parties 

' Colonel A. K. McClure's Recollections of a Half a Century (Salem, 
Mass., 1902), pp. 61-4. 

' For a suggestive view of the Southern attitude in 1865 see The Nation, 
Nov. 23. 1865, p. 646; Apr. 12, 1866, p. 460. Garner, Reconstruction 
in Mississippi (New York, 1901), pp. 61-3. Carl Schurz's Report, 
Sen. Ex. Doc. no. 2, 39th Congress, 1st Sess., p. 3. The Nation, Nov. 
23, 1865, p. 646: " We have already commented upon the remarkable 
power of adaptation and the great practical sense displayed by the 
Southern people after the resistance in the field had ceased. . . . They 
laid down their arms, denounced all attempts at guerrilla warfare, ac- 
knowledged that their slaves were free, and, in fact, gave the Govern- 
ment to understand that it had only to name the terms on which it 
would restore civil government in order to have them formally ac- 
ceded to." 

'Henry Wilson, History of Reconstruction (Hartford, 1868), p. 15. 

*McCulloch, in Men and Measures (New York, 1888), pp. 373-4, 
says that these speeches were not induced by intemperance. "For 
nearly four years I had daily intercourse with him, frequently at night, 
and I never saw him when under the influence of liquor. I have no 
hesitation in saying that whatever may have been his faults, intemper- 
ance was not among them." 



48 POLITICAL HISTORY OF NEW YORK STATE [48 

during the summer of 1865 backed Johnson's poHcy/ 
However, there were two notable exceptions : the Union 
Convention == of Pennsylvania, and the Union Convention 
of Massachusetts. The former was under the control of 
Thaddeus Stevens; the latter under that of Charles Sum- 
ner. Yet Johnson did not feel disturbed. ^ The North, 
nevertheless, took the action of Mississippi's convention, 
in its refusal to accede to the President's suggestion for 
a qualified suffrage, as indicative of Southern sentiment. 
While the Provisional Governors were calling conven- 
tions in the remainder of the southern States, the var- 
ious political forces were being gathered in the North. 
The Democrats of New York in State convention at 
Albany on September 6th and 7th, 1865, developed a 
complete change of policy. The party avoided its for- 
mer leaders and joined the ranks of Johnson supporters. 
Horatio Seymour, who was a delegate, failed to receive 
the presidency of the convention, a position logically 
his. Hon. J. M. Humphrey, of Erie, a man compara- 
tively new in the Democratic State councils, received the 
honor. Samuel J. Tilden, who had been active under 

* Rhodes, History of the United States (New York, 1896), vol. v, p. 
533. Tribune Almanac, 1866, p. 43. Of the Union State Conventions 
held, Massachusetts, Vermont, Maine, New York, Minnesota and 
Iowa, declared directly or indirectly for impartial suffrage without dis- 
tinction of race. New Jersey, Pennsylvania, Ohio, Wisconsin, Cali- 
fornia and Colorado, did not mention the subject. Nevada declared 
against it. 

^ Appleton s Ann. Cyclopedia, 1865, p. 693. The resolutions contained 
Stevens' conquered-province idea, and further "that Congress should 
declare as forfeited and vested in the government, the property of all 
rebels whose estates exceed the sum of $10,000, and that the proceeds 
of the property so confiscated should be applied to increase the pensions 
of those entitled thereto by the casualties of the war, to pay the dam- 
ages done by the enemy to loyal citizens, and to reduce the burden of 
the national debt." 

^Rhodes, op. cit., p. 534. 



^y I PARTY POLITICS DURING l^dS ^g 

the old regime, was so discredited that, after a persist- 
ent canvass for the nomination for attorney-general, he 
was forced to refuse peremptorily the use of his name. 
On the other hand, John Van Buren, who was perhaps 
the leading War Democrat in the State and the invet- 
erate foe of Seymour, was nominated for attorney- 
general. Another evidence of the change came in the 
nominations of Slocum and of Lucius Robinson.' The 
former had been a Republican member of the State 
Assembly in 1859 and at the time the war broke out was 
the Republican treasurer of Onondaga County. Slocum 
was named by the Democrats for secretary of state. 
Robinson's nomination for comptroller, the same offtce 
which he then held under the Unionists, was even 
stronger evidence of the change in Democratic senti- 
ment. Robinson had been brought into public life by 
the Republicans in the campaign for Fremont and had 
acted with them until the present except that he had 
refused in 1864 to support Lincoln, whose conservatism 
disgusted him. The World, commenting on the change 
of Democratic ideas, declared that, " the Democratic 
party of New York will ride no dead horses ; will fight 
no spent weapons ; but will make a manly declaration of 
its views on the questions most important to be decided 
now and most fruitful of consequences in the future."^ 
The Times seemed unable to appreciate the Democratic 
change of heart. Its comment upon the World's state- 
ment v»'as : 

They parade this intention as if it were something very meri- 
torious — a piece of self-abnegfation that ought to be worth to 
the party a good many thousand votes. It is hardly worth 

' Cf. also Rhodes, vol. iii, pp. 25-26. 
■New York World, Sept. 6, 1865. 



50 POLITICAL HISTORY OF NEW YORK STATE [50 

while to smile at this Falstaffian assumption of mag'nanimity — 
this cheap virtue of dropping: all scandalous by-gones for the 
public good." ^ 

The convention, overlooking the war record of the 
party, praised the proud history of the Democrats.^ It 
congratulated the State and Nation on the return of 
peace. Subordination of the military to the civil rule, 
recognition of the equality of the States, and opposition 
to the use of any force to compel the States to adopt 
negro suffrage were proclaimed. This plank shows how 
far the Democrats of New York had drifted from their 
War Governor. Governor Seymour's demand ^ that the 
New England States should not have twelve votes in the 
United States Senate while New York had but two was 
effectively silenced by the distinct declaration in the plat- 
form of the " equality of States." The convention rec- 
ognized the obligation of the whole country to pay the 
national debt. It gave a vote of thanks to the soldiers 
and sailors, applauded the frank abandonment of slavery, 
and ended with a resolution to support Johnson in his 
policy,'' which, denounced by the Copperheads as tyran- 
nical and cruel, was commended as evincing "enlight- 
ened statesmanship, sound political theory and an old- 
fashioned, time-honored regard for the relations and 
rights of the States and the Federal Government as 
established by the Constitution." A further resolution 
was adopted which charged the Secretary of State and 
his assistant enumerators with fraud in connection with 

' New York Times, Sept. 7, 1865. 

*New York World, Sept. 8, 1865. 

*New York Times, Sept. 8, 1865. 

^New York Evening Post, Sept. 6, 1865. The Evening Post had 
predicted the chief points which would appear in the Democratic plat- 
form. 



-i] PARTY POLITICS DURING 1865 ^j 

the census/ The Union State journals accused the 
Democrats of " artfully dodging their record and profes- 
sion," and of fearing to "make an issue with the Union 
party on any great public question."' These charges 
were rebutted by the Democratic journals on the points 
that Democrats had simply consented to drop the sup- 
port of slavery, as the South had done, " but that they 
still stick to the basic principles of the ancient Demo- 
cratic party . . . strict construction of the constitution . . . 
States' rights and . . . personal liberty." ^ 

The friends and neighbors of General Slocum in his 
home town, Syracuse, were loud in their pre-con- 
vention claims that Slocum would not accept the Dem- 
ocratic nomination. " The idea is too preposterous 
for belief. There is some infernal jugglery here, in 
which General Slocum is not a participant, but of which 
he is made the unconscious victim,"'^ was the opinion of 

' New York World, Aug. i, 1865. New York Tribune, Sept. 8, 1865. 
New York Eveni7i^ Post, Sept. 6, 1865. Mr. Depew replied by letter 
to Mr. Tweed's request for a reconsideration of the census returns for 
New York City, stating that he had no power to reopen the matter. 
Greeley defended Depew from the charge of fraud. "The letter of Mr. 
Depew is plain and explicit. He is an officer of the law and must obey 
the law. . . . The Secretary of State appoints his agents, and takes 
their word sworn under oath. There his labor ends. . . . Because the 
census of Mr. Secretary Depew did not carry out the estimates of that 
of Mr. Marshal Rynders, taken ten years ago, some of our Democratic 
newspapers began to howl and shout and cry ' fraud ' . . . Mr. Rynders 
being a disciple of the philosophy that labors to extract the largest 
number of votes from the smallest given number of voters, he made as 
much of Democratic New York as possible. ..." 

^Albany Evening Journal, Sept. 8, 1865. Utica Morning Herald, 
Sept. 7, 1865. Ogdensburg Daily Journal , Sept. 8, 1865. 

^Albany Argus, Sept. 9, 1865. 

* Syracuse Daily Journal, Sept 7, 1865. Carroll E. Smith, editor of 
the Syracuse Daily Journal, was the ablest Radical editorial writer in 
central New York. 



52 POLITICAL HISTORY OF NEW YORK STATE [52 

Carroll E. Smith, one of his closest friends. The Syra- 
cuse Daily Standard, however, was not so loath to be- 
lieve that Slocum would accept.' Faithful to the last, 
the Syracuse Daily Journal, after Slocum had accepted 
the nomination, excused his conduct on the ground that 
the President had not sustained him in part of his mili- 
tary policy around Vicksburg.^ The Times^ said of 
General Slocum that it " knew of no reason why he 
should not have been the Republican candidate." 

Lucius Robinson was well thought of by both parties.* 
" He has proved a most faithful, valuable officer," said 
Greeley, " whom every would-be plunderer of the state 
regards with unfeigned detestation. Being a genuine 
Democrat, a true Republican, a hearty Unionist, and an 
inflexibly honest and faithful guardian of the treasury, 
he must be elected by a majority of more than half a 
million." ^ 

' Syracuse Daily Standard, Sept. 11, 1865. 

^Syracuse Daily Journal, Sept. 12, 1865. General Slocum had issued 
Military Order no. 22 to the effect that no district commander should 
permit any military organization within his district other than those 
under the control of the United States authorities. If any outrage oc- 
curred, an armed force should be dispatched to the scene and all persons 
disarmed within a radius of ten miles. President Johnson wrote a 
letter suggesting the establishment of a citizen militia in each county of 
Mississippi, which of course was against the Slocum order. The cause 
for Order no. 22 was that Governor Sharkey ordered the formation of 
two militia companies in every county of Mississippi. Slocum then 
issued his order, basing it on the lawlessness in the state against blacks, 
Union soldiers, messengers and sympathizers. Governor Sharkey had 
appealed to Johnson, who sustained him. 

* New York Times, Sept. 8, 1865. 

*New York Evening Post, Sept. 18, 1865. 

"New York Tribune, Sept. q, 1865. 



53] PARTY POLITICS DURING 1S65 ^^ 

" The ticket is not personally strong, but politically 
liberal ; " said the World .... " This is a generous 
recognition, by the convention, of the fact that the main 
questions on which parties have divided for the last ten 
years have ceased to have any vitality." ' In precise 

>New York World, Sept. 8, 1865. 
The Democratic Ticket was as follows: 

Secretary of State — Henry W. Slocum, of Onondaga. 
Comptroller — Lucius Robinson, of Chemung. 
Attorney-General — John Van Buren, of New York. 
Treasurer — General Marsena R. Patrick, of Ontario. 
State Engineer — Sylvanus H. Sweet, of Oneida. 
Canal Commissioner — Cornelius W. Armstrong, of Albany. 
Prison Inspector — Andrew J. McNutt, of Allegany. 
Judges of the Court of Appeals — John W. Brown, of Orange. 

Martin Grover, of Allegany. 
Clerk of Appeals — Edward O. Perrin, of Kings. 

New York Tribune, Sept. 8, 1865. 
The Union Ticket was as follows: 

Secretary of State — General Francis C. Barlow, of New York. 
Comptroller — Colonel Thos. H. Hillhouse, of Ontario. 
Attorney-General — General John H. Martindale, of Monroe. 
Treasurer— Colonel Joseph Rowland, of Dutchess. 
State Engineer — J. Piatt Goodsell, of Oneida. 
Canal Commissioner — Robert C. Dorn, of Schenectady. 
Prison Inspector —General Henry W. Barnum, of Onondaga. 
Judges of the Court of Appeals — Ward Hunt, of Oneida. 

John K. Porter, of Albany. 
Clerk of Appeals — Henry Jones, of Cattaraugus. 

New York Evening Post, Sept. 21, 1865. 
The Democratic State Central Committee appointed by the Conven- 
tion was: 

ist District — Charles E. Carvell, Peter B. Sweeney. 
2d District— Homer A. Nelson, William M. Parks. 
3d District— Peter Cagger, T. L. Laffin. 
4th District— Arthur W. Hunter, W. J. Averill. 
5th District — John A. Green, J. T. Spriggs. 
6th District— Henry D. Barto, Christopher A. Waldo. 
7th District— E. P. Ross, Charles C. B. Walker. 
8th District — Dean Richmond, A. P. Lanning. 

Buffalo Daily Courier, Sept. 8, 1865. 



54 POLITICAL HISTORY OF NEW YORK STATE [54 

contradiction Henry R. James, of the Ogdensburg Daily 
Journal, stated that "The resolutions put forth by the 
Albany Convention do not embody the real sentiments 
of the Democratic party and were only adopted for the 
purpose of securing the consent of a candidate whose 
acceptance was deemed essential to give the ticket even 
the air of respectability." ' The Herald, however, com- 
mended the Democracy upon the fact that they had 
" recovered their temper, and see something that they 
can praise and rejoice over," . . , also, that 

those intriguing' politicians who were responsible for the fol- 
lies and disasters of the party during the war were kept in the 
background of the Convention. In short the Convention 
appears content to let bygones be bygones, and have nomi- 
nated a ticket representing almost every element of the float- 
ing material in opposition to the Chase radicals and secesh 
sympathizing elements, and drawn them together on the com- 
mon platform of endorsement and support of the reorganiza- 
tion policy of President Johnson.* 

The " Democratic - Republican - Copperhead - Union 
League Convention," ^ according to the Buffalo Express,"- 
had " resolved itself out of existence as a distinctive 
political organization ; " but no trace of such an act 
could be found in the comments of its neighbor, the 
Buffalo Daily Courier. " The bold and unreserved 
enumeration of principles, the proud reference to the 
past history of the party in our country's glory and the 
manly grapplings with the new issues upon us, contrast 
most favorably with the timid policy and dodging of 

^ Ogdensburg Daily Journal, Sept. 19, 1865. 
^ New York Herald, Sept. 8, 1865. 
' Rochester Daily Democrat, Sept. 8, 1865. 
* Buflfalo Express, Sept. 8, 1865. 



55] PARTY POLITICS DURING 1865 55 

momentous issues by the Radical conventions through- 
out the States." ' 

With the exception of the New York News'" all of the 
New York City and State papers which claimed to be of 
the Democratic faith, endorsed the platform and candi- 
dates. Yet, certain of the more conservative up-State 
Democratic organs attempted to appeal to the War 
Democrats and those who had deserted to the Unionist 
side, on the basis that the candidates of the Albany con- 
vention were " honest men who have not in the past 
acted with the Democratic organization and who are not 
so wedded to the interests of any mere party as to ren- 
der subservient to them the higher interests of the coun- 
try." ^ The Democratic candidates, even so, raised the 
question among the State Radical journals " whether a 
party which unconditionally surrenders can win a vic- 
tory."'^ "The game of disloyalty has been played and 
effectually lost; and it is the evident purpose of the lead- 
ers to regenerate the party," was the complacent com- 
ment of the Evening Post upon the convention's nom- 
inees. ^ 

The Union Party,^ of New York, met in convention 

' Buffalo Daily Courier, Sept. 8, 1865. 

^ New York News, Sept. 5-12. See Rochester Daily Union and Ad- 
vertiser, Sept. 9, 1865. 

^ Rochester Daily Union and Advertiser , Sept. 8, 1865. 

* AXhdinY Evening Journal, Sept. 7, 1865. Buffalo Express, Sept. 8, 
1865. Binghamton Daily Republican, Sept. 8, 1865. 

*New York EventJig Post, Sept. 6, 1865. 

®The Republicans, under the leadership of Abraham Lincoln, avoided 
the use of the name Republican. They assumed the use of the term 
"The Union Party," in order to attract the War Democrats, without 
whose aid it would have been difficult to end the Rebellion. The local 
Republican organizations were used, for the War Democrats had in 
general no definite organization. When the Conservative element sue- 



56 POLITICAL HISTORY OF NEW YORK STATE [56 

at Syracuse September 20, 1865. I" the words of 
Charles J. Folger, temporary chairman of the conven- 
tion : " The contest adjourned from the forum to the 
battlefield and fought out successfully, as we supposed, 
in the field has been adjourned once more to the forum. 
We have already beaten the foe, we must press on and 
secure the fruits of victory which belong to us."' Sec- 
retary of State Chauncey M. Depew, on taking his seat 
as permanent president of the convention, exhibited his 
characteristic good humor. In denouncing the Demo- 
crats for trying to reap the results of the war when they 
had so opposed it, he was reminded of the adage : 

" When the Devil was sick, the Devil a monk would be ; 
When the Devil got well, the devil a monk was he."' 

Certain of the Radical journals gave an unpleasant dis- 
play of political snobbishness in stating that there was 
not much diversity of opinion among the delegates and 
that just a fair ticket would be elected. ^ But this must 
not be taken for the attitude of, perhaps, the majority of 

ceeded in counteracting the influence of the Radical wing of the Union 
Party in 1868, the tendency toward a rejuvenation of the Republican 
Party manifested itself. The term " Radical" did not please the Con- 
servatives, while there was little necessity for a further use of the term 
"Union." Hence, the adoption of the official title, "The National 
Union Republican Party," by the national nominating convention of 
1868. The term "Union" was dropped from the official title by the 
National Convention of 1872. 

Professor W. A. Dunning gives an excellent discussion of "The 
Union Party," in an article entitled "The Second Birth of the Repub- 
lican Party." The American Historical Review, XVI, no. i, Oct., 
1910, pp. 56-63. 

^IJt'ica. Morning- Herald, Sept. 22, 1865. 

'Syracuse Daily Journal, Sept. 21, 1865. 

'Rochester Daily Democrat, Sept. 20, 1865. 



57] PARTY POLITICS DURING 1865 57 

the Unionist delegates, who under the leadership of 
Ellis H. Roberts realized that "Haste makes waste."' 

It was popular in both parties^ to nominate prominent 
soldiers. Major-General Barlow,^ who behaved so splen- 
didly at Antietam, was nominated for Secretary of State 
in place of Chauncey M. Depew.-* Depew, whose chances 
were very favorable for a renomination, made himself a 
victim on the altar of party good and declined to have 
his name considered. The other civilians who had been 
elected upon the 1863 ticket also gave way to the soldier 
candidates. General John H. Martindale, a West-Pointer, 
was chosen for attorney-general over Cochrane. For 
inspector of prisons, General Henry W. Barnum was 
selected in place of Bates. 

Practically the same conditions existed in the Union 
Convention as had prevailed in that of the Democrats at 
Albany. War Democrats elbowed Conservative and 

^ 13 t\c?i Morning Herald, Sept. 29, 1865. , 

* Harper's Weekly, under the title " New Parties: We are at the end 
of parties " said: " Of the parties that existed when the war began the 
name ' Democratic ' alone remains. The Constitutional Union Party 
survives only in John Bell drinking success to the rebellion in bad 
whiskey. The Republican Party as such has secured its great object of 
limiting the extension of slavery. The necessities of the case, in a 
nation waging a civil war, divide us all into two bodies: those who sup- 
port the administration in its war policy and those who do not. But 
the old party lines do not separate us. The Party of the Administra- 
tion is composed of men as different as the late Edward Everett, 
General Butler, John A. Griswold, Thurlow Weed and Charles Sumner, 
who were respectively leaders of the Bell-Everett, the Breckinridge, 
the Douglas parties and both wings of the Republican Party before the 
war. We are at the end of parties." Harper's Weekly, IX, 114, Feb. 
25, 1865. 

*Cox, Military Reminiscences of the Civil War (New York, 1900), 
vol. i, p. 330. 

*The vote for Secretary of State was: General Barlow, igi; General 
Van Wyck, 172; General Daniel E. Sickles, 3; C. M. Depew, i. 



^8 POLITICAL HISTORY OF NEW YORK STATE [58 

Radical Unionists. Thurlow Weed urged the Unionists 
to go into the campaign with no candidates whose affil- 
iations had been Democratic/ Yet, due to the laissez 
iaire attitude of the delegates, or perhaps better the 
lack of an esprit de corps. General Barlow, ex-Democrat, 
received the chief nomination, which was termed by the 
Argus as an insult to Democratic voters.'' General 
Sickles, who ran for the same nomination, had also been 
a Democrat. It was he who had stated in the House of 
Representatives that New York City would free itself 
from the dominion of the State government in the event 
of secession. 3 Daniel J. Halstead, the leading Demo- 
cratic editor in the central portion of the State, ex- 
plained to the Radicals of the State that General Barlow 
had been preferred because he was unknown and had 
not made himself obnoxious to the leaders, while Depew 
had been " shufifled off with a resolution endorsing his 
census frauds, and Van Wyck without even a resolution 
of thanks for herding with the negroes."'* 

The resolutions adopted by the Unionists were the 
result of contending forces in the Convention. The 
Radicals of the party claimed the majority by 70 to 50. ^ 
Nearly all of the Radicals came from the interior and 
northern portions of the State, while a majority of the 

^ A.\h2iny Evening Journal, Sept. 16, 1865. 
'^ KXhSiTiy Argus, Sept. 23, 1865. 

'Burgess, Civil War and the Constitution (New York, 1906), vol. i, 
p. 147; Brummer, New y^ork During the Civil WarCNew York, 1911), 
p. 125. 

* Syracuse Daily Courier and Union, Sept. 25, 1865. Ending his re- 
view of the Union Convention, Mr. Halstead wrote: " Let the com- 
bative Raymond, the depopulating Depew, and the prodigious Barnum, 
be held in everlasting remembrance as the triple prodigies of the 
occasion." 

'New York Times, Sept. 20, 1865. 



2g] PARTY POLITICS DURING 1865 ^^ 

delegates from the southeastern counties were conserva- 
tive. The Conservatives were equally assertive of their 
control. Through the adroitness of Thurlow Weed in 
preventing a test vote, it is difificult to state with exact- 
ness which side had a majority. It appears, neverthe- 
less, that the prevailing opinion among those in at- 
tendance was Radical. Among the more prominent of 
the Radicals were Charles S. Spencer, of New York, 
Charles J. Folger, chosen as temporary chairman. Gen- 
eral C. H. Van Wyck, of Orange County, and Horace 
Greeley. The latter appeared indifferent to the nomina- 
tions but insisted that the platform should be positive 
and should read a lecture to the administration at Wash- 
ington.' 

However, Henry J. Raymond and Thurlow Weed con- 
trolled the convention. They had openly declared them- 
selves for Johnson.^ Preston King, of Ogdensburg, a 
former colleague and friend ^ of Johnson's in Congress, 
and William H. Seward represented the two factions in 

' New York Tribune, Sept. 21, 1865. 

^ New York Times, Sept. 20, 1865. See Albany Evening Journal, 
Sept. 21, 1865. The World looked upon " the conduct of the Weed- 
Raymond club, in respect to support of President Johnson," as "that 
of jealous petulant children. They insist that the executive shall have 
no friends unless they be enrolled in the little joint-stock company of 
which Seward is president, Weed is treasurer, and Raymond is manag- 
ing agent. They would exclude, first, the Democrats, who comprise 
more than half the voters of the State; and next, the Greeley Republi- 
cans, who make up very much more than one-half of the remaining 
voters. Mr. Johnson has no idea of making the number of his friends 
in this State so 'conveniently small' as Mr. Seward would advise," 
New York World, Oct. 18, 1865. 

' King's friendship for Johnson is shown by a letter which Sumner 
wrote to Francis Lieber, "Aug. nth. . Preston King and Mr. 
Blair went to the President when he was intoxicated and took him 
away from the hotel and sheltered him at the house of Mr. Blair." 
Pierce, Sumner, vol. iv, p. 250. 



6o POLITICAL HISTORY OF NEW YORK STATE [60 

New York which had been contending for Johnson's 
favor. Differences were patched up, however, and King 
accepted the office of Collector of the Port of New York 
which he held but a short time, owing to his untimely 
death.' It was generally believed that Weed controlled 
King who was the dispenser of custom-house patronage, 
provost-marshals, internal revenue officers and indirectly 
of postmasters. That Weed used this indirect control 
over the national patronage within the State to regulate 
matters in the Union State Convention was advanced as 
the reason for his power over the Radicals. 

The facts as to the refusal of Chauncey M. Depew 
to stand for the renomination for secretary of state 
illustrate Weed's peculiar power. The usual rumors 
and counter-rumors attendant upon the eve of a political 
convention assumed all manner of phases during the 
night of September 19th. Weed had ascertained shortly 
after midnight that the Radicals had decided upon Sen- 
ator Folger as temporary chairman. Adopting Folger's 
name at once, Weed gave out that Folger belonged to 
the Conservative side of the house, thus attempting to 
receive credit for bringing his name before the Conven- 
tion. Weed still continued to press the name of Gen- 
eral Barlow^ for the highest office to be filled. To coun- 
teract this movement the Radicals worked for Depew 
with such success that it looked for a time as if he would 
beat out the soldier-candidate. Thereupon, Weed sent 
for Depew, to whom he stated that if he (Depew) wanted 
the nomination assurance could be given that no name 
would be presented against him by the Conservative 
side. Depew, having thus been tendered the nomination 

' He jumped from a ferry boat in a moment of insanity while crossing 
the North River. 



6i] PARTY POLITICS DURING 1865 6l 

by both factions with the promise that no opposition 
would be encountered, declined to be considered as a 
candidate. The convention was officially informed at 
ten o'clock on the 20th that Depew declined to permit 
the use of his name. As a mark of esteem, both sides 
agreed to give Depew the permanent presidency of the 
convention.' 

The failure of the Radicals to gain the upper hand in 
the convention gave the Democrats much amusement. 
The Buffalo Daily Courier argued for the Radicals that 
in view of their numbers they had been entitled to 
greater power in the convention and should look to 
Weed for satisfaction.^ The Argus told Greeley that all 
he lacked in order to make a leader was courage ; ^ while 
the Utica Daily Observer consoled the Unionist con- 
vention by stating that it was not the only place where 
Radicalism had come to grief.'' 

Taking courage from the action of Ohio, Pennsylvania 
and Massachusetts, 5 the Radicals in the Convention de- 
cided to vote for a resolution which affirmed the right of 
all loyal southerners, that is, negroes, to have a vote in 
the reorganization and management of their several 
State governments.^ The Radicals had caught the spirit 
of Sumner, Stevens and Wade, who already had dis- 
cerned that Johnson was not to be moved. ^ The Presi- 

' New York Herald, Sept. 21, 1865. 

* Buffalo Daily Courier, Sept. 22, 1865. 

* Albany Argtis, Sept. 22, 1865. 

* Utica Daily Observer, Sept. 22, 1865. 

* New York Tribune, Sept. 20, 1865; Sept. 22, 1865. 

* New York World, Sept. 21, 1865; New York Evening Post, Sept. 
21, 1865. 

' Senator Wade, of Ohio, and Stevens made several attempts to con- 
vert the President to their policy. 



62 POLITICAL HISTORY OF NEW YORK STATE [62 

dent during the first month of his administration had 
given the Radical leaders cause to believe that he favored 
the immediate enfranchisement of the negroes. Sumner, 
on April 25th writes: "On Saturday the Chief Justice 
and myself visited him in the evening, especially with the 
view of conversing on negro suffrage. Suffice to say 
that he is well disposed, and sees the rights and neces- 
sities of the case. ... I am confident that our ideas will 
prevail." ' But Johnson, within a month, on reaching a 
final decision, completely reversed his policy. Due to 
popular indifference and discord among the Republicans, 
Thaddeus Stevens, Henry W. Davis and Senator Wade 
saw little chance of success against the Executive in- 
fluence and patronage.^ 

In the Union State convention, Horace Greeley and 
Henry J. Raymond came into abrupt collision. ^ Greeley 
believed that the negro-suffrage resolutions, which 
practically would have forced New York into the line of 
opposition toward Johnson's program, would have passed 
had it not been for Raymond. The latter was afraid that 
such an action would place the State in the hands of the 

' Edward L. Pierce, JMenioir and Letters of Charles Stimner (Boston, 
1893), vol. iv, p. 241. Letter to F, W. Bird. 

''Ibid., 251. The public men outside of Congress, journalists and 
other molders of public sentiment, gave Sumner's cause little support 
at first. Governor Andrew, (a) of Massachusetts, and Governor Mor- 
ton, (b) of Indiana, denounced it. Brj'ant and Godwin, (c) of the 
Evening Post, contended against compulsory action in the matter of 
suffrage. Raymond, (d) of the Times, took strong ground against 
negro suffrage as a part of reconstruction. Charles A. Dana, then of 
the Chicago Republican , urged Sumner not to break with the Presi- 
dent, (a) Letter to Sumner, Nov. 21, 1865. (b) Julian, Political Re- 
collections (Chicago, 1884), pp. 260-68. (c) Godwin, Life of Bryant 
(New York, 1883), vol. ii, pp. 238-42. (d) New York Times, Sept. 
21, 1865. 

' New York Times, Sept. 20, 1865; ibid., Sept. 21, 1865. 



63] PARTY POLITICS DURING 1S65 63 

Democrats through their support of the administration 
measures.' Greeley did not make a decided leader for 
the Radicals,'' so in the absence of another, Raymond 
was able to enforce his views in the platform. 

The Convention congratulated the people of the State 
on the overthrow of rebellion and the return to peace. 
It thanked the soldiers and sailors of all ranks. It de- 
plored the death of Lincoln and recognized " in Andrew 
Johnson his successor, a statesman of ability, experience 
and high toned patriotism and the most unsullied integ- 
rity " . . . and further "that we renew to him in his ad- 
ministration those assurances of cordial and effective 
support which were tendered by us in his nomination 
and election." Approval was given of the initial steps 
which the President had taken toward a relaxation of 
military authority in the southern States. Moreover, 
approval was given of the restoration to the public of 
complete control of civil affairs, "just as soon as it may 
be found compatible with the preservation of order, . . . 
the exclusion of slavery, and the fulfilment of the consti- 
tutional obligations of the national authority to guarantee 
to every state a republican form of government.""^ 

The platform affirmed that the national sovereignty 
over the subjects committed to it under the Constitution 
had been maintained by the War. And that whenever 

' The convention had in attendance a majority of, at least, fifty pro- 
fessed Radicals. However, they had no cohesion or discipline. Hence, 
they were seldom able to profit from their strength. No doubt, had a 
resolve been in order which distinctly affirmed the right of all loyal 
people in the South to a voice in the reorganization and control of their 
several State governments, it would have passed with ease. 

* The New York World spoke of the Syracuse platform as a " shabby 
attempt to indorse Secretary Seward's conduct." New York World, 
Oct. 4, 1865. 

'New York Tribune, Sept. 21, 1865. ^ Ibid. 



64 POLITICAL HISTORY OF NEW YORK STATE [64 

the considerations of public safety made it wise, the 
States lately in rebellion should be restored to the exer- 
cise of their several rights under the Constitution. It 
held the national debt inviolable and approved of the 
administration's foreign policy. Among the minor reso- 
lutions, it denounced as "false and calumnious"' the 
slurs cast by the Democratic Convention upon the 
honesty of Chauncey M. Depew, and indorsed his official 
conduct as Secretary of State. 

The editorials of the Unionist papers were so uniform 
in their complacent approval of the Union platform and 
candidates, that no special mention need be made.^ 
Thurlow Weed called the resolutions "clear, concise, 
and emphatic." 3 But his neighbor, Mr. Cassidy, saw in 
them the narrow exclusiveness and rivalries of " clique 
predominance,"-* which he contrasted with the widened 

' New York Tribune, Sept. 21, 1865. 

'■'The Radical papers which especially praised the Union platform 
were: the Buffalo Commercial Advertiser, Auburn Advertiser, Syra- 
cuse Daily Journal, Utica Morning Herald, Albany Evening Jotirnal, 
Troy Times, and Rochester Democrat. A campaign joke was published 
by the Argus which reacted under the ready wit of Carroll E. Smith, 
of the Syracuse Journal, upon Dean Richmond, much to his discom- 
fort. On September 21, 1865, the Argus printed a telegram which read: 

" Syracuse, Sept. 20, i P. M. 

" All gone to h — . Will leave for home on the two o'clock train." 

The Argus used it to show that the Unionist hopes had gone sky 
high, but the Journal turned it to mean that all hopes for the Demo- 
cratic ticket had vanished. This interpretation the Journal claimed 
was in keeping with the language and conviction of Dean Richmond, 
when he replied to the threat of the Bufifalo railroad strikers that they 
would bolt the Democratic ticket this (1865) fall. His reply on that 
occasion was illuminating, if not in strict accord with good taste. It 
was: "The Democratic party has gone to h — , and you may go too." 
Syracuse Daily Journal, Sept. 22, 1865; Albany Argus, Sept. 21, 1865. 

'* AXhZiny Evening Jourttal, Sept. 12, 1865. 

* Albany Argus, Sept. 25. 1865. 



C-)-] PARTY POLITICS DURING 1866 gj^ 

purpose of the Democrats in bringing in all honest men. 
The Buffalo Express appeared to have reverted to its 
infancy; for it professed to believe in the sincerity of the 
Radical endorsement of President Johnson/ 

The campaign which followed was brief and without 
moment. The Evening Post on October nth, gave three 
reasons for the inactivity and political negligence which 
manifested itself in the campaign. 

In the first place, the excitements of the great war have been 
followed by their natural reaction ; lassitude has succeeded to 
transport and indifiference to intensity. . . . Another reason 
for this indifiference is that both parties ... in the State of 
New York especially . . . have put in nomination some of 
their best men, from whom we have a rig-ht to anticipate a 
safe and sound administration, in the event of the success of 
either.". . . But there is a third cause of political inactivity, 
not so obvious, and yet more potent than the others ; and 
that is a growing- conviction that the old parties must soon 
give way to new combinations. . . . One of them, indeed, the 
so-called Democratic party, is already half-dead ; ... its 
candidates and its principles are alike assumed for an occa- 
sion ; but its vitality is paralyzed and its memory grows 
rotten.^ 

The prediction of the Evening Post, however, has proved 
unsound,^ for both of the major parties have passed 

' Buffalo Express, Sept. 22, 23, 25, 1865. 

' New York Evening Post, Oct. 11, 1865. 

^Syracuse Courier and Union, Sept. 8, 1865. The Courier foresaw 
the new line of cleavage foretelling the Reconstruction period. "The 
candidates put in nomination prove the growing sentiment even among 
Republicans, that the issues on which that party was originally based, 
have passed away and that on the new issues now raised by the ex- 
tremists they feel themselves at liberty to array themselves in accord- 
ance with the dictates of their own judgment and in antagonism to the 
utterances with which the extremists are seeking to lead Republicanism 
into hostility to the President's reconstruction policy, as declared." 



66 POLITICAL HISTORY OF NEW YORK STATE [66 

through the dark valleys and troublesome waters of 
political strife. 

As was natural, the Democrats tried to throw the 
Unionists into a bad light with the President. The 
Radicals were accused of strong opposition to the Presi- 
dent's policy on the question of negro suffrage. This 
imputation was urgently denied by the moderate and 
conservative Unionists, who demanded that they be 
given full faith and credit for the sentiments incorporated 
in their platform. 

The Evening Post exhorted the southerners to "go 
about their peaceful industries, obey the laws, . . . secure 
equal justice to all," ' thus to gain an early withdrawal of 
troops and a return to peace. It cautioned the North 
and South against the misrepresentation of facts by the 
Democrats. The power of the Radicals was discounted 
in the effort to support the platform written by Ray- 
mond.^ The Herald came forth in a strong effort to 
second Raymond's position in the platform. Speaking 
of Mr. Stevens and Mr. Sumner the Herald said : 

They are mere politicians, looking to party objects . . . having- 
no other political hobby to ride, they will hang on the negro. 
How different with President Johnson. He is as much op- 
posed to consolidation as he is to secession. He is neither a 
visionary nor a cynical factionist. . . . He sees, as every states- 
man would see, that the only duty he has to perform is to 
enable the States to resume their legitimate functions as 
members of the Union.^ 

Even Seymour was forced to concede that national affairs 
had taken an unexpected turn for the better. Still, his 
attitude was narrow and unpatriotic. He confined his 

' New York Evefiing Post, Sept. 30, 1865. * Ibid. 

» New York Herald, Sept. 28, 1865. 



67] PARTY POLITICS DURING 1865 67 

vision to one of war debts and increased burdens as a 
result of the war.' 

Several minor personal issues added life to the cam- 
paign. Much bitterness resulted from an unjust com- 
parison by Horace Greeley, of General Slocum with 
Benedict Arnold.^ The Tribune also repeatedly hurled 
the charge of " cotton thief " at General Slocum. 3 
These slanders were keenly resented by the World,'' 
which charged that it was Thurlow Weed alone who 
prevented the nomination by the Unionists of both Gen- 
eral Slocum and Lucius Robinson. ^ John Van Buren, 
who was running for attorney-general with the Demo- 
crats, came out bitterly against Seymour, blaming him 
and Vallandigham for the party's blunder on the war 
issues.^ Greeley humorously remarked : 

It isn't fair for John to deal so largely in sophistry and rig-- 
marole in his public addresses, and keep his truth and sense 
for small knots of personal admirers. But, if he will do this, 
let him take care that Secretary Depew is among- his hearers 

• New York World, Nov. 4, 1865. In an exhaustive speech at 
Seneca Falls, New York, Seymour made a complete survey of the 
political situation. He rebuked party passions; put the question, " Why 
is the Union not restored?;" assured Johnson that the Democrats 
would aid him in carrying out his pledge to restore the Union; at- 
tempted to show how the workingman would be hurt by a Republican 
victory; and maintained that " when you decide this government has the 
right to say who shall and who shall not vote in the Southern",. States, 
you decide that it has power to say who shall and who shall not vote in 
a Northern State." 

- New York Tribtme, Oct. 31, 1865. 

^Ibid., Oct. 26,1865. 

*New York World, Oct. 20, 1865; Oct. 28. 1865; Nov. 2, 1865. 

^Ibid., Oct. 26, 1865. 

* New York Tribune, Nov. 3, 1865; hlhSiny Evening Journal, Oct. 
. 23, 1865. 



68 POLITICAL HISTORY OF NEW YORK STATE [68 

and then put into his next speech what Depew says of him. 
That will do it.' 

Mr. Chauncey Depew had stated a short time previous 
that in a familiar conversation with him, Mr. John Van 
Buren had pronounced Horatio Seymour " a political 
accident" and "a damned fool." At that time Van 
Buren had demurred to the retailing of private conver- 
sations and had specifically acknowledged " the great 
intelligence and singular personal and official purity" of 
Mr. Seymour.^ 

Among the Republicans a violent personal controversy 
arose between Thurlow Weed and Horace Greeley. 
Each used his own newspaper to vituperate the other. ^ 
The Nation suggested that both gentlemen leave their 
private quarrels out of the newspapers and settle it in a 
correspondence.'* The Nation gave an apt characteriza- 
tion of these two men which it might be illuminating to 
quote in part : 

We believe no man who knows him can sincerely doubt the 
perfect personal integrity, the scrupulous veracity and the 
catholic benevolence of the editor of the Tribune. Mr. 
Weed, during his long career as a political leader, has made 
many enemies. Whether deservedly or not, he has the repu- 
tation of being a man of intrigue ; and if parties are to be 
managed, as we suppose they must be while parties exist, 
nobody can bring to the work greater dexterity than Mr. 

' New York Tribune, Nov. 3, 1865. The attack against Seymour 
was first made at a small meeting in Troy, New York, after Van Buren 
had addressed a larger audience. 

* New York Herald, Nov. 2, 1865. 

* Albany Evening Journal and New York Tribune. 

* The Nation, vol. i-ii, p. 265. The Times, also, urged harmony be- 
tween the two lest the election should go to the Democrats. New 
York Times, Aug. 25, 1865. 



69] PARTY POLITICS DURING 1865 ^g 

Weed has frequently displayed. Mr. Greeley, on the other 
hand, is not a good party tactician. Perhaps he is too hon- 
est ; certainly he has too little control over a temper naturally 
violent. When he is angry, and he is often angry, he can no 
more keep a secret than he can live without breathing. When 
engaged in a dispute he rarely stops to cull nice phrases, and 
he has an uncomfortable habit of giving the lie direct. ^ 

To turn the tide in favor of the Democrats and to 
overcome the ill-favor of the party caused by Seymour, 
Van Buren put forth herculean efforts in the campaign. 
He was backed by those in the Democratic Party who 
were rallying around John A. Dix as a future leader." 
The fact that General Henry W. Slocum, candidate for 
secretary of state on the Democratic ticket, and General 
Henry A. Barnum, candidate for inspector of prisons 
on the Union ticket, were residents of Syracuse made 
that city the center of the up-State campaign. It was 
here that John Van Buren, with the aid of Montgomery 
Blair and General John Cochrane, centered his forces. ^ 

Following the example set by the New York City 
leaders, the campaign up-State degenerated into a series 
of personal charges against certain of the candidates on 
both tickets. General Barlow's conduct during the war 
w^as minutely inspected by the Democratic journals. 
The defeat of the Union forces at Cold Harbor was at- 
tributed to him. His unpopularity with the privates 

' T/ie Nation, loc. cit. Speaking of Mr. Greeley, The Nation con- 
tinues: " In one of his recent replies to Mr. Weed, he speaks of ' that 
shameful, pernicious, systematic traffic in legislation, franchises, grants 
and immunities, whereby Thurlow Weed has become rich and infam- 
ous.' Mr. Weed retorts that Mr. Greeley is 'ambitious, selfish 
and false,' and intimates that he is a howling demagogue." 

'^ At this time, however, a majority of the Democrats were in favor ot 
Seymour. 

" Syracuse Daily Courier and Union, Oct. 23, 1865, et al. 



70 POLITICAL HISTORY OF NEW YORK STATE [70 

was emphasized and stories were told of how he per- 
mitted his men who fell out of line from exhaustion on 
the march from the Wilderness to be cruelly and wantonly 
shot.' The mid-campaign was also enlivened up-State 
by the raising of charges against General Barnum, 
which were designed particularly to injure his candi- 
dacy for the oiifice of inspector of prisons. It appears 
that General Barnum had left Syracuse in the early part 
of the war as Colonel of the 149th Regiment of Volun- 
teers, raised in Onondaga County. Shortly afterwards 
unpleasant rumors began to attach themselves to his 
name. These culminated on September 26, 1864, in 
fifty fellow citizens of his political faith submitting 
charges against him to Secretary of War Stanton. These 
were resurrected and fanatically waved by the Democrats 
to defeat his election. He was accused of violating the 
" rules of the service ... to the prejudice and injury of 
the people of this county." "" Further he was charged 
with selling commissions in the army and of absenting 
himself from his command without excuse. ^ These 
charges seem to have been pigeon-holed by Stanton but 
testify to Barnum's unpopularity among his fellow towns- 
men and his regiment."* 

In defence of General Barlow the Unionist papers 
printed the report of his brigade commander praising 
him for his bravery at Antietam.^ But regarding General 
Barnum no particular refutation appears to have been 
attempted other than the usual party praise.^ By way of 

'Syracuse Daily Courier and Union, Sept. 25, 1865. ^Onondaga. 
'Syracuse Daily Courier and Union, Oct. 23, 1865. 
^Conversation with Duane S. Hurd, Sergeant 149th N. Y. V. 
* Syracuse Daily Jourjial, Oct. 6, 1865. 

' The Elmira Daily Advertiser lauded Barnum unstintingly through- 
out the campaign. 



71 ] PARTY POLITICS DURING 1865 ^j 

reprisal the Union journals made capital out of General 
Slocum's sudden change of faith. Even his sometime 
staunch supporter, Carroll E. Smith, printed an indirect 
attack on Slocum. A list was given under thirteen 
heads of those who would support Slocum, among them 
being : 

The men who fled to Canada to avoid the draft and who de- 
serted from the army after being enlisted. The men who 
swore that the war was a failure. The men who swore that 
it was a 'd — d nigg-er, abolition' war. The men who hoped 
that every man who went to war would he killed. The men 
who were all the time for peace on any terms.* 

The Syracuse Daily Standard, a Radical journal, was not 
so easy with Slocum but lampooned him freely.^ How- 
ever, it could not go so far as to believe the charges of an 
unsigned Vicksburg contribution to the Chicago Repub- 
lican, which accused General Slocum of being the leader 
in a gigantic fraud to swindle the government. ^ The 
weight of public sentiment in both parties favored Slocum, 
his questionable turn- over in politics notwithstanding. 
Horace Greeley could say no worse of Slocum than 
" Slocum is very dispassionate, indeed, it is the worst 
fault we have to find with him.""* Even Harpers 
Weekly found him a man " whose uprightness and honesty 
are beyond question, and whose patriotism has come 
out of the furnace-heat of a four years' war as bright 
and unsullied as the stars of the flag he fought for."s 

' Syracuse Daily Journal, Oct. 19, 1865. 

'Syracuse Daily Standard, Oct. 5, 1865. 

'^ Ibid., Oct. 6, 1865. The Tribune published similar charges. 

* Quoted in Syracuse Daily Courier and Union, Oct. 16, 1865. 

^Harper's Weekly, Oct., 1865. The Boston Transcript gave a calm 



72 POLITICAL HISTORY OF NEW YORK STATE [72 

Many of the Radical State journals made campaign 
capital out of the published statement of ex-Congressman 
John B. Haskins, who had framed the resolutions of the 
Democratic convention but had since fallen out with 
certain of his colleagues. He stated that Manton Mar- 
ble of the New York World, and Mr. Cassidy of the 
Argus, had submitted resolutions to the Democratic 
convention which were partly thrown out. In explain- 
ing his motives Mr. Haskins stated: 

I knew that some of our leaders, so called, desired a simple 
indorsement of him [Johnson] to divide and conquer the 
enemy ; but with me the paramount idea . . . and it induced 
me to go to the Convention, in view of the curse of the Chi- 
cago Platform . . . was to avoid the Bourbon Vallandig- 
hamism of the Ohio, the Jerry Black Buchananism of the 
Pennsylvania, the Camden and Amboy Rip Van Winkleism 
of the New Jersey, Democratic Platforms, and to give Presi- 
dent Johnson a sincere and hearty indorsement.* 

Uniformly the Democratic orators and journals sought 
to divert the discussion from Seymour's Chicago Plat- 
form, the issues of which were now "stone dead."^ 
Seymour ended the campaign for the Democrats up- 
State, at Seneca Falls, on November 5th. The burden 
of his address was a rebuke to party passions, a plea for 
restoration of order and for sound finance. ^ 

This address was made to offset that of Secretary 

dispassionate approval of Slocum and his mid-campaign speech. Quoted 
in Syracuse Daily Standard, Oct. 13, 1865. The Buffalo Daily Courier 
proved an earnest champion of Slocum against Radical attacks, Sept. 
28, Oct. 15, 1865. 

' Syracuse Daily Journal, Sept. 23, 1865; Rochester Daily Democrat, 
Sept. 25, 1865; Utica Morning Herald, Oct. 24, 1865. 

^Syracuse Daily Courier, Oct. i, 1865; Albany Argus, Sept. 17, 1865. 

* Rochester Daily Union and Advertiser, Nov. 6. 1865. 



73] PARTY POLITICS DURING 1865 y^ 

Seward to his neighbors in Auburn, on October 20th. 
No double construction could have been placed upon 
Seward's remarks in support of the administration : 

This I maintain and confidently proclaim, that every import- 
ant decision of the administration has been wise. I maintain 
with equal firmness and declare with still greater pleasure the 
.opinion that no council of government ever existed in a revo- 
lutionary period in any nation, which was either more har- 
monious or more loyal to each other, to their chief, and to 
their country.' 

In the light of later events we can see where Seward was 
misled. 

Montgomery Blair, who had been drafted into the 
New York campaign by John Van Buren, followed in the 
footsteps of Seward and devoted practically all of his 
campaign speeches to proving to the Democrats that 
their best policy was to support the President.* But the 
good efifect of Blair's labors was largely spoiled by the 
oratorical genius of Wendell Phillips, who enlivened the 
campaign by his attacks on President Johnson. ^ 

Although the legislature of New York was not airing 
any of its dirty linen at the time of the campaign, still its 
past reputation and the generally known control which 

'Syracuse Daily Standard, Oct. 23, 1865; Buffalo Daily Courier, 
Oct. 27, 1865. The Daily Courier considered Seward's speech a 
"studied, desperate attempt to undermine public confidence in the 
President and to divert public attention from the great issues*of the 
campaign." 

^ Buffalo, Daily Courier, Oct. 21, 1865. Perhaps there was no more 
faithful advocate of Johnson's administration throughout the campaign 
among the Republican papers of the State than the Ogdensburg Daily 
Journal, the leading Republican organ in the northern part of the State. 
Ogdensburg Daily Journal, Oct, 3, 5, 16, 1865. 

'Buffalo Daily Courier, Oct. 20, 1865; Albany Evening Journal, 
Oct. 20, 1865. 



74 POLITICAL HISTORY OF NEW YORK STATE [74 

moneyed interests were acquiring in it forced the Repub- 
lican papers to repel attack on several occasions. The 
general charges against the legislature furnished a con- 
siderable item in the resume of the Democratic campaign 
arguments immediately prior to the election.' 

Early in the campaign the political situation in the 
State had appeared from the viewpoint of an outsider as 
a series of petty party quarrels.^ This opinion was fully 
merited. In each section of the State the chief editorial 
attention was given to the conduct of quarrels with pet 
enemies. The Buffalo Express tore at its Democratic 
neighbor the Buffalo Daily Couiner ; the Syracuse Daily 
Journal carried on a pithy war with the Albany Argus 
and incidentally with the Syracuse Daily Cotirier and the 
Rochester Daily Union ajid Advertiser ; the Bingham- 
ton Daily Republican was very bitter in its constant 
bickerings with the Elmira Gazette, and between the 
ancient editorial enemies of New York City the usual 
exchange of incivilities occurred. Exactly why the cam- 
paign descended so low journalistically is difficult to 
determine. It may have been due to the lack of decided 
leaders in both parties, to the general popular character 
of the miliiary candidates or to the removal of the 
Democratic policies by the close of the war. 

The campaign was closed in a whirlwind of personal 
defamation directed against the candidates on both 
tickets. The Democrats had the advantage there, for in 
addition to the charges against Generals Barlow and 
Barnum, they had been able to unearth a scandal in con- 

' Cf. James Parton, How New York City is Governed (Boston, 1866), 
passim. See article on the New York Legislature, Harper's Weekly, 
vol. ix, p. 210, April 8, 1865. 

'Springfield Republican, quoted in Buffalo Daily Courier, Oct. 3, 
1865. 



75] PARTY POLITICS DURING 1S65 y^ 

nection with the name of J. Piatt Goodsell, candidate on 
the Union ticket for state engineer. The only basis for 
their charges was collateral evidence in connection with 
malfeasance on the part of John C. Mather, a Democratic 
canal commissioner.' On the Democratic ticket Slocum 
was forced to bear the brunt of Radical attack, in reply 
to which the Democrats published a list of prominent 
men who had endorsed Slocum ; among these names 
appear those of Generals Sherman, Dix, Sickles, Coch- 
rane, Bartlett and Frank P. Blair ; Montgomery Blair, 
Judge Barlow, Judge Edmonds and Lieutenant-Governor 
Campbell.^ Surely an imposing array. 

But if the Democratic candidates proved not so vul- 
nerable as their Unionist rivals such was not the case 
with the Democratic record, which the Radical journals 
took good care should not be forgotten. " It is impos- 
sible," said the Ogdensburg Daily Journal, 

that a party which only six months ago, with the record of its 
whole life before it, denounced Andrew Johnson as a drunken 
boor, and Abraham Lincoln as a backwoods bulToon, should 
now entertain a high appreciation of President Johnson. 
Neither do the men who opposed the war, calling; it a failure, 
entertain any more love for it now than they did a year ago 
for our brave soldiers. They pass empty resolutions of thanks 
now to escape the responsibility of the past and nominate 
such as are willing to lend themselves to a base purpose, in 
hope of dividing the Union party for the purpose of securing 
an easy victory hereafter.^ 

^ Utica Morning Herald. Oct. 24, 1865. Goodsell was proven to 
have had no connection with the matter. 

"Syracuse Daily Courier ajid Union, Nov. 7, 1865. 

■'Ogdensburg Daily Journal, Oct. 24, 1865; Syracuse Daily Stand- 
ard, Nov. 2, 1865. The letters of Petroleum V. Nasby served with 
peculiar force in this and later campaigns. It is difficult to turn the 
shafts of ridicule. As such it is instructive to view the attack made 



76 POLITICAL HISTOKV OF NEW YORK STATE [76 

However, the prejudice caused by the disloyal course 
of the Democrats throughout the war proved too strong 
for success. The election took place on November 7th. 

upon the Democratic position, after the October elections of 1865. 
Letter from Petroleum V. Nasby, after the October elections: 

"Ohio, Ablishn! Pennsylvania, Ablishn! Ablishn and nigger suf- 
frage to boot! Injiany, Ablishner than ever! Noo Gersey, not exactly 
Ablishn, but approachin thereunto. 

Such is the encouragin news I red in the noospapers this mornin! 
Sich is the result of labers Hercoolian, in the above named States. 
. . . The pure Dimokrasy probably will carry Noo York; but what con- 
solation is that to me? The two parties, the old, anshent Dimokrasy 
and the Ablish, run a race into the realm of Radikalism, and the 
Dimokrasy beat them over a length. . . With a platform standing by 
Johnson, endorsin his anti-slavery noshuns, his Suthern oppreshun 
noshuns, his hanging of Mrs. Surratt, et settery, and on that platform 
a sojer who never voted a Dimokratik ticket in his life, who went into 
the war a Radikle Ablishnist, and who come out a Radikler Ablishnist, 
I don't know that I have much to choose atween 'em. 

Last week I was invited in to a county in Noo York to address a 
Dimokratik meetin. I accepted (es my expenses were paid which is 
cheaper and better board than I get at the groceries to hum), and ak- 
kordingly I went. I commenst deliverin the speech I hed yoosed all 
through the state of Noo Gersey. I commenst aboosin the nigger, 
when the cheerman interrupted me. ' Well,' sez I, ' wat is it? ' rather 
angrily for I git warmed up and sweatin, and don't like to be inter- 
rupted. 'Why,' said he, 'our Constitoshin allows a nigger that's got 
$250 to vote, and most ov em hev that sum, and we make it a point to 
sekoor em.' 'They're a d — d site better ofif then most of us white 
Dimokrats in Noo Gersey,' retorted I, a droppin the nigger and goin 
agin President Johnson. ' Stop,' whispered he, ' our platform endorses 
President Johnson.' 'Thunder,' remarked I, droppin President John- 
son and slidin easily into a vigorous denunsiation of the war. ' Good 
God! ' sez the cheerman, ' stop! our platform endorses the war.' I sed 
nuthin this time, but commenst denounsin the debt. 'Hold,' sed the 
cheerman, ' easy — easy — our platform backs up the debt.' ' Well then,' 
sed I, in a rage, ' why in blazis didn't yoo send me a copy of your plat- 
form when you wantid me to address yoo? Go to thunder and make 
yoor own speeches;' and I stawked off the platform. Time wuz wen 
wun speech wood do a man awl over the North, now yoo hev to hev a 
different wun fur evry State, wich makes it impossible fur me to travil 
fer wun efifort per season is enufif fur me.' " 



77] PARTY POLITICS DURING 1865 yy 

When the returns came in, it was found that the Union 
Party had strong majorities. Major-General Slocum 
received 272,793 against 300,461 for Major-General Bar- 
low, giving the latter a 27,461 majority. The Unionists 
received a vastly increased majority in the legislature.' 
The World could not accept defeat without dire 
prophecy. 

We have no desire to count our wounds, nor to conceal them. 
They are the witnesses of a manly struggle, against odds. 
Nor would we conceal their disastrous consequences, not so 
much to the party, which will outlive and outlast and bring 
to the dust these victors of to-day, and whose principles being 
true are imperishable, but, in the defeat of the Democratic 
party. President Johnson's plan for the immediate restoration 
of the Union is defeated also. The tide of fanaticism which 
has swept over the nation, engulfing its laws, its liberties, and 
its material prosperity, though visibly abating, has not yet 
reached its ebb. Every hour it falls, and the time cannot be 
far distant when the people of the North, so long led through 
deep waters by blind guides, will search for dry land and 
other leaders. That day will see the triumph of Democratic 
principles and of those who have faithfully upheld them.' 

Greeley complacently interpreted the Union victory to 
mean that " the people -«vant our internal differences so 
settled that they can never return to trouble the nation's 
peace." 3 " If they were honest in pretending to support 

' Tribune Ahnanac, 1866, p. 62; New York Tribune, Nov. 8-9, 1865; 
New York World, Nov. 8-9, 1865; Appleton's Ann. Cyc, 1865, p. 515: 

Senate. House. Joint Ballot. 

Unionists 27 89 116 

Democrats 5 39 44 

Unionist majority ... 22 50 72 

* New York World, Nov. 8, 1865. 
^ New York Tribune, Nov. 9, 1865. 



78 POLITICAL HISTORY OF NEW YORK STATE [78 

the President, they can give that support out of office as 
well as in," ' was the consolation offered to the Demo- 
crats by Raymond. Ellis H. Roberts believed that Presi- 
dent Johnson would stand by " the voice of the people 
just uttered,"^ but he did not know whereof he spoke. 
To William Stuart the Union victory meant that the 
young men of the State and the boys in blue had lost 
faith in the promises of Democracy ^ or, as the Ogdens- 
burg Daily Journal put it, " neither the people nor the 
soldiers can be allured into the support of a soldier who 
will suffer his name to be used to revive the fortunes of 
Copperhead politicians."'* The Rochester Z><2z7y Z>^w^- 
crat diagnosed the case as follows : "Besides its disloyalty 
. . . the Democracy in this last campaign had to carry the 
burden of a hypocrisy so transparent as to be visible to 
the dullest observation and so gross as to disgust even 
the hardened politicians." The Albany Evening Journal 
was the most far-sighted in its vision of the results of the 
Democratic defeat. The Evening Journal believed the 
six following points settled: i. the Democratic defeat 
established the fate of the northern secessionists, 2. the 
election pronounced the terms upon which the work of 
reorganization must proceed, 3. it disposed of at once 
and forever the outcry against the public debt, 4. it gave 
a substantial endorsement to the national administration, 
- 5. it secured a firm and decided course on the part of the 
majority in Congress, 6. and, lastly, it proved to the 
world the stability of republican institutions.' 

Among the up-State Democratic papers, with one 

' New York Times, Nov. 8, 1865. 

^ Utica Morning Herald, Nov. 9, 1865. 

^ Binghamton Daily Republican, Nov. 10, 1865. 

*^ O^A&nshnr^ Daily Journal, Nov. 11, 1865. 

^Albany Evening Journal, Nov. 8, 1865. 



79] PARTY POLITICS DURING 1S65 y^ 

prominent exception, a disposition was manifested to 
" accept the result with patience and magnanimity." ' 
The Daily Uniofi and Advertiser of Rochester had made 
its plea for organization all through the campaign, and 
to lack of such it attributed its party defeat.^ The Utica 
Daily Observer saw Johnson already in the powder of 
Congress.^ But it remained for Mr. Halstead, of the 
Syracuse Daily Courier and Union, to explain the 
method by which Horace Greeley was able to defeat 
Democracy. 

His troops all over the State wheeled into line, and plan of 
attack was matured . . . issues disregarded . . . the ins drilled 
. . . the outs promised . . . the employee threatened . . . the 
corrupt bribed . . . the timid intimidated . . . the boards of 
inspectors instructed, betting resorted to . . . bond holders 
marshalled, and the money bags scattered around the polls 
. . . hence the Democracy crushed.* 

The question naturally presents itself in ending a study 
of the campaign of 1865 — what were the causes for this 
era of petty politics ? No great question of national 
politics arose, outside of the President's policy. The 
Unionists and the disciples of Seymour guaranteed the 
payment of the national debt. The more delicate prob- 
lems of Reconstruction were only just beginning to 
come upon the national horizon. President Johnson 
had not yet divorced his party. The questions of inter- 
national relations resulting from the Rebellion were not 
then clearly understood by the masses. With the above 
questions not actively before the public, with popular 

' Albany Argus, Nov. 8, 1865. 

"^ Rochester Daily Union and Advertiser, Nov. 8, 1865. 

* Utica Daily Observer, Nov. 8, 1865. 

^ Syracuse Courier and Union, Nov. 9, 1865. 



8o POLITICAL HISTORY OF NEW YORK STATE [go 

soldiers on each ticket, with no specific matter of legis- 
lative venality or party mal-administration to inflame the 
public, and with the mental reaction setting in after four 
years of tension over the most vital of national prob- 
lems, it does not appear so strange that the arts of the 
ward heeler were requisitioned to stimulate a false inter- 
est in the campaign to the detriment of brave men's 
characters. 



CHAPTER IV 
Attitude of New York Towards Reconstruction 

The party platforms of New York for 1866 very clearly 
reflected the movements in national politics. We may 
simply suggest these movements as a background for 
the political situation in New York in 1866. Under the 
leadership of Charles Sumner, of Massachusetts, and 
Thaddeus Stevens, of Pennsylvania, the Radical Repub- 
licans shortly after the opening of the first session of 
the Thirty- Ninth Congress were at war with the Presi- 
dent over reconstruction measures. 

As an immediate result of the President's veto ' of the 
bill to enlarge the powers of the Freedman's Bureau,^ 
Johnson disgraced himself in his famous White House 
speech of February 22nd. ^ The tide of public feeling 
against Johnson rose so rapidly that upon his veto of the 
Civil Rights Bill, the Senate repassed it with the neces- 
sary two-thirds vote on April 6th ; the House doing so 
three days later. ■♦ Parallel with the action of Congress 

' While Johnson proved obstinate in his course, it is believed that, at 
first, he was influenced directly by Seward, the Blairs, and Preston 
King, late Senator of New York. Works of Charles Sumner, vol. xi, 
p. 18. Blaine, Twenty Years of Congress, vol. ii, pp. 66-108. Rhodes, 
vol, ii, p. 447; vol. V, p. 588. 

* Reported by Senator Trumbull, of Illinois, on Jan. 11, 1866. The 
Freedman's Bureau was originally established by an act of March 3, 
1865, approved by Lincoln. 

^ Appleton' s Ann. Cyclopedia, 1866. 

"^ Globe, pt. iv, ist Sess., 39th Cong., p. 535. 

81] 81 



82 POLITICAL HISTORY OF NEW YORK STATE [82 

on the Civil Rights Bill, the Fourteenth Amendment had 
its inception, January 31, 1866, in the form of a report 
by Stevens to the House on a proposed Constitutional 
Amendment which at length passed the Senate, June 8th, 
and the House five days later.' Tennessee, upon her 
acceptance of the Thirteenth and Fourteenth Amend- 
ments, after having declared the Ordinance of Secession 
and the war debt void, was restored to her former place 
in the Union/ 

Attention is now directed to the central political 
motif in the politics of 1866, namely, the concerted 
movement to organize a new party on the platform of 
Johnson's policy. National expression was given to 
this movement, shortly after the passage of the Civil 
Rights Bill, in the plan for the National Union Conven- 
tion held at Philadelphia on August 14, 1866.3 The aim 
of the convention was to join conservative Republicans 
and Democrats in the North with the moderate men of 
the South.* With the exception of Arizona, Montana 
and Utah, every State and Territory was represented. 
General John A. Dix, of New York, was chosen for 
temporary chairman, and Senator James R. Doolittle, 
of Wisconsin, for president of the convention. A great 
display of amiability was made in various ways between 

^ Globe, pt. iv, ist Sess., 39th Cong., p. 535. 

"^ Ibid., 1895, p. 4007. 

^The Convention was held in a huge wigwam with a seating capacitj' 
of 15,000. 

*F. W. Seward, Williatn H. Seward, an Autobiography (New York, 
1891), vol. iii, p. 339. The Southern delegates belonged to the mod- 
erate class for the most part. That is, those who had not stood for 
secession originally, but had decided to stand by their States. When 
they came together, Raymond remarked that "the general feeling was 
one of delight at renewing former political, social and personal relations 
with the men of the north." 



83] ATTITUDE TOWARDS RECONSTRUCTION 83 

men who, and sections which, had been notoriously at 
enmity.' 

The Democrats in the Philadelphia Convention realized 
the necessity for a conciliatory attitude toward the Re- 
publicans in order to win the fall election. Hence two 
of the most noted Copperheads, Fernando Wood " and 
Vallandigham, who had been accredited as delegates, 
were asked to withdraw. The leaders saw that, if seated, 
they would tinge the convention with a Copperhead hue 
and the convention would go for naught. Both with- 
drew, when the situation was explained. Wood grace- 
fully, Vallandigham not until pressure was used. 

The Philadelphia Convention was directed largely by 
the New York triumvirate, William H. Seward, Thurlow 
Weed and Henry J. Raymond ; the latter a doubting 
Thomas as to the wisdom of such a convention. Ray- 
mond was first approached in regard to the convention 
by Thurlow Weed. Shortly after, the call for a conven- 
tion appeared in the newspapers. It was signed " by a 
joint committee composed of members of the Johnson 
Committee and of the Democratic Committee." Nat- 
urally a call so signed caused distrust to arise in the 
North and in Congress. Several days later Seward met 
Raymond and casually remarked that it was understood 
that Raymond "would write the address." To clinch 
Raymond in its favor Seward took him in to see the 

' Nast has a caricature in Harper s Weekly of the northern and south- 
ern delegates walking into the convention arm in arm, uttering such 
sentiments as " Charity covereth all," " Oh, blessed hour," etc. They 
are accompanied by a dog and a cat, arm in arm, also a cat and a rat, 
arm in arm. Harper s Weekly, Sept. i, 1866. Cf. also, The Nation, 
Aug. 22,, 1866, p. 152. New York World, Aug. 14-15, 1866. 

'New York Herald, Aug. 13, 1866. New York World, Aug. 14-15, 
1866. Wood wrote a letter at the first suggestion that he was unwel- 
come, in which he claimed that he had the welfare of the Union and 
the convention at heart. 



84 POLITICAL HISTORY OF NEW YORK STATE [84 

President. Johnson said he "wanted Congress to re- 
store the Union " and to " have this matter settled within 
the Union Party." He thought that it would be a great 
step gained " and that it would have a salutary effect on 
public sentiment."' The President's wish was granted 
in so far as the convention was able, for the resolutions 
were an emphatic endorsement of Johnson's policy. 

It would have been well for Raymond had his doubts 
kept him from participation in the convention, as he 
proved the first victim of this attempt to found a new 
party on Johnson's policy. The address made by Ray- 
mond, in spite of the great enthusiasm with which the 
convention received it, proved his political Waterloo.^ 
The address did not aid the President, while it sounded 
Raymond's political death-knell. ^ From this time, his 

^F. W. Seward, Seward, op. cit., pp. ZZl-Z?^- 

*New York World, Aug. 17, 1866. Maverick, Raymond and New 
York Journalism (Hartford, Conn., 1870), p. 172. The points Ray- 
mond made in his address follow: i. It should be remembered that the 
war is ended and that the nation is at peace. 2. He argued for the ne- 
cessity of accepting the legitim.ate political consequences of the war, 
and (3) insisted on the importance of accurately understanding the real 
character of the war. 4. It was declared that the United States Con- 
stitution remained exactly the same as before the war; and that only 
since the war had ceased that "the right of conquest and confiscation, 
the right to abrogate all existing governments, institutions and laws, 
and to subject the territory conquered and its inhabitants to such laws, 
regulations, and deprivations as the legislative department of the gov- 
ernment may see fit to impose; had been urged in favor of one depart- 
ment of the General Government." 5. Lastly, he gave an elaborate 
argument against Congress for its opposition to the President. He 
made the point, that it was unjust to refuse to ten states a representative 
in Congress, because those states were not in rebellion, but were one 
and all "in an attitude of loyalty towards the government and of sworn 
allegiance to the Constitution of the United States." 

^Harper's Weekly, which belittled the results of the Philadelphia 
Convention, said of Mr. Raymond's address, that " it contains nothing 
new, and states nothing old with new force." Harper's Weekly, Sept. 
I, 1866, p. 546. 



85] ATTITUDE TOWARDS RECONSTRUCTION 85 

name was dropped as one of the Republican leaders. 
His pleasant associations with them ceased. Shortly 
afterward, an unauthorized meeting of the Radicals on 
the Republican National Committee was called at Phila- 
delphia ; these "bolters" removed him from the chair- 
manship.' This action was approved by the next State 
Convention.^ Subsequent to the informal call for a 
meeting at Philadelphia, Raymond, as chairman, issued 
a formal call for a meeting at the Astor House. ^ Gov- 
ernor Ward, of New Jersey, presuming on his promi- 
nence, essayed to answer Raymond's call in a public 
letter, in which he stated that Raymond had forfeited 
the chairmanship because of his political apostasy. To 
this Raymond issued a civilly contemptuous reply, stat- 
ing that he had no desire to hold the chairmanship 
against the wishes of its members. Only seven attended 
the meeting at the i^stor House."* Raymond soon real- 
ized his false move and endeavored to retrieve it, but 
was never able to rehabilitate himself in his former 
political station. 5 At this day, when the bitter feeling of 
the Reconstruction period is largely allayed, it is difficult 
to see what there was in Raymond's speech that so com- 
pletely shut him from his party. 

Another difficulty beset Raymond's pathway, as he 
was accused of having turned Copperhead. This accusa- 
tion was set at rest by a letter^ which he had written to 
Ransom Balcom, of Binghamton, on July 17, 1866, be- 

' New York Times, Sept. 8, 1866. New York World, Sept. 4, 1866. 
He was later removed from the committee, 

^ New York Tribune, Sept. 6, 1866. New York Herald, Sept. 6, 
1866. 

'New York Herald, Sept. 4, 1866. 

* New York World, Aug. 31, 1866. 

* New York World, Sept. 28, 1866. 

^ hXhzny Evening Journal, Oct. 8, 1866. 



86 POLITICAL HISTORY OF NEW YORK STATE [86 

fore the Philadelphia Convention. He wrote : " I think 
it is not unlikely that the Philadelphia Convention may 
have a wholesome influence on our State Convention and 
make it somewhat more moderate than it would be other- 
wise. But it is not likely to disturb the integrity or the 
ascendency of the Union Party." ' Raymond, at length 
awakening to a full recognition of Johnson's character, 
issued this statement: "We have tried very hard to hold 
our original faith in his personal honesty, and to attribute 
his disastrous action to errors of judgment and infirmities 
of temper. The struggle has often been difficult, and we 
maintain it no longer."'' Mr. Raymond served but one 
term in Congress. He was offered the renomination in 
September of 1866 by the Conservative Republicans, the 
names of a long list of prominent citizens appearing upon 
the petition, but the nomination was refused. Raymond 
gave his reasons for declining the nomination in a strong, 
dignified justification of himself and his attitude in Con- 
gress. ^ Horace Greeley, who in 1866 represented the 
extreme Northern sentiment, and whose paper, the Trib- 
une, was the mouthpiece of the party which cast out 
Raymond, took occasion to write a caustic editorial on 
Raymond's letter of declination.'* The World in a critical 
article was inclined to censure Raymond for his unstable 
position in the attempt to prove his true Republicanism. 5 
Among his editorial colleagues throughout the State, 
Raymond found no sympathy.^ 

^ Cf. Maverick, Raymond, pp. 173, 190. ''Ibid., p. 174. 

*New York Times, Sept. 2y, 1866. Maverick, p. 190. 

* New York Tribune, Sept. 28, 1866. 

*New York World, Sept. 28, 1866. Binghampton Z^azVj' Republican, 
Sept. 29, 1866. 

* Syracuse Daily Journal, Sept. 28, 1866. Carroll E. Smith re- 
marked: " His Congressional career had been neither brilliant nor use- 
ful enough to make his re-election a thing to be desired." 



87] ATTITUDE TOWARDS RECONSTRUCTION 87 

The movement to organize a new party on the platform 
of Johnson's policy failed to produce the results which 
were expected from it. This caused President Johnson 
to tour the country in order to turn the Congressional 
elections in his favor. The occasion for the tour was the 
laying of a cornerstone at Chicago, September 5, 1866, 
for a memorial to Stephen A. Douglas. The trip was 
jocularly called " swinging-a-round-the-circle." ' The 
Presidential party created but little unfavorable comment 
in the East,^ and the crowds were not especially dis- 
courteous, but in the western cities the throng had little 
respect. At Cleveland and other places in the West, 
Johnson, stinging under the charge of traitor to his 
party, duplicated his unfortunate address of February 
22nd, even condescending to maudlin repartee with the 
crowd. 3 At St, Louis, Johnson capped the climax of 
his journey when he accused the Unionists in Congress 
of having practically planned the New Orleans massacre.'' 
He also indulged in a muddled invective about Judas, 
Christ and Moses. ^ Even while the tour was in pro- 
gress the press and various public bodies expressed dis- 
approbation.^ The President returned a discomfited and 
defeated man. 

The second noteworthy victim of the President's at- 
tempt to organize a new party with his policy as a plat- 

' James Russell Lowell, Political Essays, p. 296, speaks of it as an 
" advertising tour of a policy in want of a party." 

''■ New York Tribune, Aug. 29, 1866. New York Herald, Sept. 4, 
1866. 

^ McPherso7i, op. cit., pp. 134-6. Pierce, Sumner, vol. iv, p. 299. 
Schurz, Carl, The Reminiscences of (New York, 1905), vol, iii, p. 243, 
Petroleum V. Nasby, Swinging round the cirkle (Boston, 1867), p. 89. 

* See Appleton's Ann. Cyc, 1866, pp. 454-6. 

' See McPherson, pp. 136-140. 

*New York Times, Sept. 7, 1866. New York Tribune, Sept. 8, 1866. 



8,S POLITICAL HISTORY OF NEW^ YORK STATE [88 

form was Seward, a man who deserved much from the 
RepubHcan Party. Seward remained faithful to his chief 
and to the poHcy which Seward had done so much to 
forward. He considered it his duty to attend the Presi- 
dent upon his tour, though he shrank from its " excite- 
ments and fatigues." ' As a result, after the ill-fated trip 
" to eulogize Douglas and exhibit Johnson," ^ Seward 
received ridicule and reproach from all sides,- but he had 
not parted from his principles. He was largely the vic- 
tim of circumstances in that he believed it his duty, in 
addition to his ambition, to control international rela- 
tions, as well as to help defend a policy in the inception 
of which he had aided. '* Seward absolutely refused to 
defend himself against the charges of his enemies. ^ It is 
considered by his biographers that Seward has been too 
severely condemned for his part in Reconstruction, espe- 
cially when one considers the fact that he had no essen- 
tial responsibility for the President's acts. 

Before going further it is necessary to explain the 
bewildering political terminology which existed in 1866, 
due to the break-up of old party lines as expressed in the 
Philadelphia Convention, and to state the plan which will 
be followed in the use of these names. Republicans were 
often referred to as Unionists or Union Republicans, t. e. 
those Republicans who had stood for Union throughout 
the Civil War; as Radicals, i. e. those Republicans who 
desired to impose severe conditions on the Southern 

' F. W. Seward, Seward, vol. iii, p. 339. 

■■•Bancroft, Life of Seward (New York, 1900), vol. ii, p. 462. 

'Lowell, Political Essays, p. 290. Pierce, Snmner, vol. iv, p. 300. 
The Nation, Sept. 20, 1866, vol. iii, p. 234. Harper 5 Weekly, Sept. 
22, 1866, p. 594. 

* Bancroft, Seward, op. cit., p. 436. 

^Ibid., vol. iii. Letter of Oct. 8, 1866. 



89] ATTITUDE TOWARDS RECONSTRUCTION 89 

States preliminary to their re-entering the Union; and 
as Conservatives, or Conservative Unionists, z. e. those 
Repubhcans who, contrasted with the Radicals, believed 
that a conciliatory course should be taken relative to 
Reconstruction. As the Radical wing of the Republican 
Party dominated the party councils up to 1868, the 
Republicans were more frequently referred to as Rad- 
icals, although the editorial writers were generally laps- 
ing back to the term Republicans as early as 1866. 
When in 1868 the Conservative element succeeded in 
counteracting the influence of the Radical wing of the 
Republican Party, the term Union, which was no longer 
needed, was dropped.' The Democratic terminology did 
not lead into such a maze. In this period the term 
Democrat was in general use. Nevertheless one finds 
reference to Copperheads, i. e. northern Democrats who 
opposed the War; and War Democrats, i. e. Democrats 
who joined with the Union Party to put down the 
Rebellion. 

To avoid confusion in the following pages the term 
Republicans will be used to designate both factions in the 
party when in contrast with the Democrats. If it is found 
necessary to differentiate between Republicans, the terms 
Radical and Conservative will be used with the above 
meanings. There were, of course, Democrats who were 
radical in their opinions and those who were conserva- 
tive. But whether radically or conservatively inclined, 
the matter was personal rather than factional. Hence 
the term Democrat will be used without differentiation, 
except where it is necessary to refer to Copperheads or 
War Democrats. 

As the Philadelphia Convention was the national ex- 

• Cf. supra, pp. 55-56. footnote 6. 



CIO POLITICAL HISTORY OF N'EW YORK STATE [90 

pression of the movement to organize a new party on 
the platform of the President's policy, so the preliminary 
State convention of the Conservatives and Democrats of 
New York, held' at Saratoga previous to the Philadelphia 
Convention, was the first State expression of the move- 
ment. The Convention, at which the Democratic and 
Conservative elements were about evenly divided,^ was 
largely attended. ^ Homer A. Nelson was elected tem- 
porary chairman, while the forces of Thurlow Weed 
dominated the meeting.'* The purpose of the conven- 
tion was to unite sentiment and select delegates to the 
Philadelphia Convention. On the whole the convention 
was harmonious, with the exception of considerable con- 
fusion caused by the claims of two rival sets of delegates 
from Kings and Westchester counties. ^ An attempt was 
made by Mr. E. O. Perrin to force the New York dele- 
gation to vote at Philadelphia as a unit, but his motion 
was tabled. . In addition to the district delegates, eight 
delegates-at-large were appointed to the Philadelphia 
Convention, including John A. Dix, Henry J. Raymond, 
Samuel J. Tilden and Sanford E. Church.^ The resolu- 
tions of the Saratoga Convention were brief, but em- 
phatic. They fully endorsed the President's policy, and 

'The convention met on Aug. 9, 1866. 

*The Tribune claimed that the Democrats greatly outnumbered those 
of Republican antecedents. This, however, was stated just contrariwise 
by the World. New York Tribune, Aug. 10, 1866. New York World, 
Aug. 10, 1866. 

■* Six hundred delegates were present. 

*New York Tribune, Aug. 10, 1866. 

''The difficulty was settled by a tacit understanding that in case of 
contest both sets of returns would be admitted. New York Herald, 
Aug. ID, 1866. 

''New York World, Aug. 10. 1866. The other delegates-at-large 
were Charles G. Myers, H. L. Comstock, William Kelly, and Hiram 
Denis. 



gi] ATTITUDE TOWARDS RECONSTRUCTION 91 

decried the action of Congress.' The fact that they 
expressed joy at the restoration of Tennessee, which was 
a Congressional act, would seem to be inconsistent. 

The Philadelphia Convention was the most important 
of the four national conventions held in the summer 
and fall of 1866.' The election for Representatives and 
the control of the various State legislatures assumed 
the character of a national election. The Republicans 
of New York were the first to select candidates for the 
fall election. 3 The convention w^hich was held at Syra- 
cuse, September 5, 1866, was remarkable for its "sin- 
gular harmony and enthusiasm." '^ A contest took place 

' New York Tribune, Aug. 10, 1866. 

^A second convention was held in Philadelphia on Sept. 3, 1866, by 
the Radicals and Southern Loyalists. Although one should be cautious 
in accepting the Herald's statement, it is interesting to note its com- 
ment. The Herald called it "The Nigger- Worshippers Convention," 
and said that "such an aggregation of the freaks of nature, physically 
and mentally, in the shape of humanity, was never seen before." New 
York Herald, Sept. 4-7, j866. The New York World, Sept. 4-7, 1866, 
was equally severe on "The Bogus Southern Convention." However, 
Harper's Weekly and the Independent were outspoken in their praise of 
the Southern Loyalist Convention. Harper' s Weekly, Sept. 22, 1866. 
The Independent, Sept. 13, 20, 1866. The so-called Johnson Soldiers' 
Convention was held at Cleveland on Sept, 17, 1866. The Nation, 
Sept. 20, 1866, p. 221: "Cleveland seems to have given the Military 
Johnson Convention, even a colder reception than Philadelphia gave its 
greater prototype, the Convention of the 14th of August . . . The prom- 
inent men are Gen. Custer, Gen. Steedman and Gen. Gordon Granger. 
The Convention contains many men who ' didn't go into this war to 
free the nigger,' many who ' always found the Southerners they met to 
be perfect Gentlemen ' . . . and very many men who, to tell the plain 
truth, are shameless and unprincipled office hunters and bad specimens 
of our worst class of politicians, men whom politics took into the army 
and who now seek to trade upon their uniforms." To counteract the 
effect of the Cleveland Convention, a Radical Soldiers' and Sailors' 
Convention was held at Pittsburg, which the World characterized as 
" A Feast of Buncombe and a Flow of Bile." New York World, Sept. 
26, 1866. ■■'■ New York Times, Sept. 5-6, 1866. 

^ Harper ^ Weekly, Sept. 22, 1866, p. 594. The meeting was held in 



POLITICAL HISTORY OF NEW YORK STATE 



[92 



over the choice of the temporary chairman. Charles H. 
Van Wyck was selected, at length, over Lyman Tremaine. 
The latter, however, was chosen as permanent president 
of the convention. Horace Greeley was the leading- 
spirit. The Times spoke of him as "the chief engineer, 
who apparently intends to run the machine on his own 
hook." ' The great bone of contention among the dele- 
gates was not the question of Federal Reconstruction, 
but the reconstruction of the State ticket. The middle 
and western portions of the State urged the renomina- 
tion of the old ticket, while the eastern and New York 
delegations demanded a change. Senator Ezra Cornell 
was the only candidate for Governor Fenton's position. 
He, however, gracefully withdrew on learning that the 
majority were in favor of Fenton.'' In connection with 
the nominations for lieutenant-governor, land com- 
missioner, and state prison inspector, there was a loud 
clamor for new men. 3 This demand for new men was 
based, not only on the ground that it would strengthen 
the ticket, but also that the present ticket was sectional, 

Weiting Hall, which was decorated with various caricatures. On the 
left of the platform was a caricature of Johnson by Nast; the President 
was seated with one eye turned malignantly upon the Convention, 
while the other was watching the pardons as they flew from his hands. 
New York Tribune, Sept. 6, 1866. The ticket was as follows: 

Governor — Reuben E. Fenton, Chautauqua. 

Lieut. -Governor — Stewart L. Woodford, Kings. 

Canal Commissioner — Stephen T. Hoyt, Steuben. 

Prison Inspector— John Hammond, Essex. 

New York Herald, Sept. 6, 1866. 
"The Loyal League" held a Convention in Syracuse on the same 
day as the Republicans. This meeting was addressed by Lieut. -Gov- 
ernor Alvord and others. It exerted a strong influence in favor of the 
renomination of Reuben Fenton and Alvord. New York Times, Sept. 
5' 1866. iNe^ York Times, Sept. 5, 1866. 

* New York Tribune, Sept. 6, 1866. 

* New York Herald, Sept. 6. 1866. 



93] 



ATTITUDE TOWARDS RECONSTRUCTION 



03 



excluding the southern counties and New York City. 
This demand was pointedly followed by the westerners' 
retort that the southern counties never gave majorities 
for the ticket. Considerable feeling was displayed over 
the dropping of Lieutenant-Governor Alvord, of Syra- 
cuse, for General Stewart L. Woodford/ of Kings county. 
Mr. Andrews, of Onondaga, urged the renomination of 
the former on the ground that he came from " one of the 
seats of power of the Republican party ; ^ and that he 
should not be discriminated against when Governor 
Fenton had received such unanimous support. William 
A. Wheeler, of Franklin, who later became Vice-Presi- 
dent, was also suggested for lieutenant-governor, but 
his name was withdrawn. General Woodford was a 
young politician, rising in the party's favor because of 
his oratorical ability. He was supported by the entire 
New York and Brooklyn delegations, being the choice 
of the western delegates second to Alvord.^ 



^Encyclopedia of Contemporary Biography of New York. pp. 106-9. 
Spoke of him as a brave soldier and capable lawyer. 

'New York Times, Sept. 5, 1866. "They do not disguise the fact 
that they want him on the ticket mainly for his oratorical powers in 
stumping the State." 

*New York Tribune, Sept. 6, 1866. The Republican State Central 
Committee was appointed as follows: 
1st District — W. H. Gleason. i6th District— John McDowell. 



2d 


Charles W. Godard. 


17th 


Fred. Julian. 


3d ' 


Horatio N. Holt. 


i8th 


James A. Bell. 


4th 


' Joshua G. Abbe. 


19th 


Chas. H. Hopkins. 


5th ' 


Wm. H. McKinney 


20th 


S. H. Conklin. 


6th ' 


Isaac Danton. 


2ISt ' 


Frank Hiscock. 


7th ' 


' Martin B. Brown. 


22d ' 


S. G. Hardly. 


8th ' 


Waldo Hutchins. 


23d 


Isaac L. Endross. 


gth 


' Amos J. Williamson 


24th 


A. B. Cornell. 


loth 


H. D. Robertson. 


25th 


Chas. G. Fair man. 


nth 


' Ezra Farrington. 


26th 


A. H. King. 


1 2th 


' John Lyon. 


27th 


Wm. H. Merrill. 


13th ' 


' Hamilton Harris. 


28th 


' Isaac M. Schermer 


14th ' 


' John S. Winslow. 




horn. 


iSth ' 


E. A. Merritt. 


29th 


George W. Palmer. 



C)4 POLITICAL HISTORY OF NEW YORK STATE [94 

After the result had been made known, the Republican 
editors of the State journals appear to have accepted the 
predominance of the New York City politicians in the 
convention without protest. The western organs which 
had been loudest for the nomination of men from the 
central and western portions of the State, like well- 
trained soldiers, fell meekly into line, praising the virtues 
of the new candidates. The Syracuse Daily Standard 
cites the clever exhibition of sacrifice on the altar of 
party, which Lieutenant-Governor Alvord made, as an 
evidence of Republican loyalty. " 1 am delighted," said 
Alvord, " to lay my personal ambitions on the altar of 
my country and train in the ranks as well as at the 
head." ' The Daily Journal, of Ogdensburg, recog- 
nized "the will of the people"^ in the nominations at 
Syracuse. The up-State Democratic organs were more 
prone to sympathize with the victims of the unfeeling 
conduct of the Republican convention in casting out its 
old loves for new ones. The Daily Courier, of Buffalo, 
believed that the Republicans had weakened their ticket 
by dropping Alvord and Bruce. It considered Fenton 
the strongest man on the ticket.^ The Albany Argus 
believed that the nomination of Fenton kept strong men 
from the field. It eulogized Alvord as follows : " No 
man has followed his party with more cringing subser- 
viency. He brought into play all the wiles and arts of 
a cunning wirepuller, and was ready to eat any amount 
of dirt the political doctors thought necessary to pre- 
scribe. Commissioner Bruce is treated in a similar un- 
ceremonious manner." ■♦ 

' Syracuse Daily Standard, Sept. 7, 1866. 
'^ Ogdensburg Daily Jour7ial, Sept. 10, 1866. 
^'S,^3&■a^o Daily Courier, Sept. 7, 1866. 
*• KVa^ny Argus, Sept. 7, 1866. 



95] ATTITUDE TOWARDS RECONSTRUCTION 95 

The platform, as predicted, was a strong Radical doc- 
ument. " It is to be a platform on which no Johnson 
man can, by any possibility, stand upright," said Charles 
Spencer.' The resolutions claimed that " Every political, 
social, and industrial interest of the country, as well as 
the most earnest desire of every generous and patriotic 
heart, imperatively demand the speediest restoration of 
the Union which is consistent with constitutional justice 
and national safety."^ Asserting the perpetuity of the 
Union and the nullity of secession, the statement was 
made that 

while the constitutional authority of the Federal Government 
can in no wise be impaired by the acts of the State or its peo- 
ple, a State may, by rebellion and war on its part, or treason 
on the part of its inhabitants, or by the abnegation of its loyal 
State Government, and the creation and maintenance of one 
alien and hostile in form, so far in fact rupture its relations 
to the Union as to suspend its power to exercise the right and 
privileges which it possessed under the Constitution. That 
against such rebelling State, the Federal Government may 
wage war for its subjection . . . and when that end is accom- 
plished it belongs to the legislative power of the Government 
to determine at what time the State by the establishment of a 
government, republican in form under the Constitution, and 
the complete abandonment of its rebellion, and the return to 
loyalty of its inhabitants, may safely resume the exercise of 
its rights and privileges under the Constitution which have 
been inert and suspended by its wrong.' 

' The feeling against Johnson and the Conservatives was very bitter. 
"The delegates fairly boil over with rage. When asked what makes 
them so vindictive and abusive in language, they fly into a passion and 
reply, 'Talk about personal abuse! Who but Johnson and Seward are 
indulging in abuse ? They, not we, are the parties using abusive epi- 
thets.' They then blow out with all the epithets they can form out of 
the English language, proving the very opposite to that which they 
claim." New York Herald, Sept. 6, 1866. 

'New York Tribune, Sept. 6, 1866. ^ Ibid. 



gS POLITICAL HISTORY OF NEW YORK STATE [96 

The platform denied the doctrines that the States while 
in rebellion had kept all constitutional rights "perfect 
and unimpaired," and were themselves to judge when 
they were in proper condition to resume enjoyment of 
those rights. Also it denied " that the President is 
alone sole judge of the period when such suspension 
shall be at an end." 

The convention approved the Reconstruction policy 
of Congress. It declared that ten Southern States were 
unrepresented, because of their refusal 

to accede to certain conditions including" the ratification of the 
constitutional amendment of emancipation. . . . And that 
their claim to enter Congress before that change is acknowl- 
edged, is a demand that a bloody attempt to dissolve the 
Union shall be rewarded with increased representation of 
political power. That the President of the United States, in 
denouncing as unconstitutionally incompetent the Congress 
whose lawful authority he has officially recognized, convicts 
himself of usurpation of power.* 

It may thus be seen that the Republican Convention at 
Syracuse, dominated by the Radicals, was in keeping 
with the current in national politics. 

General Barlow showed his lack of ill-will by urging 
the delegates to do all in their power to secure the favor 
of the soldiers and sailors, who were to meet in conven- 
tion on Septemiber 21, 1866, in the same place. With 
the passage of a motion by Charles S. Spencer, which 
provided for a preliminary enrollment of Republicans in 
the various assembly districts of New York City,^ the 
convention adjourned si7te die. 

' New York Tribune, Sept. 6, 1866. 
' New York Herald, Sept. 6, 1866. 



(^7] ATTITUDE TOWARDS RECONSTRUCTION gj 

The Democrats exulted in the nomination of Fenton. 
The World said that " if the Democratic party had been 
allowed to select a candidate for the Republicans, there 
is hardly a man in the State they would have preferred 
to Reuben Fenton." ' As will be seen, the Conservatives 
held the key to the election of 1866. Had the Demo- 
crats not alienated the Conservative vote by apparent 
lack of faith, the prediction of the World might have 
come true. " Had the Syracuse Convention nominated 
a man of higher personal standing or more moderate 
views there would have been some competition for the 
votes of the Conservative Republicans," said the World, 
"as it is they are sure to vote the Conservative ticket."^ 
It would appear that time has given Reuben E. Fenton 
a niche somewhat near that to which he was consigned 
by the World, when it said : " Mr. Fenton has no hold 
on the Conservative Republicans. None by superior 
abilities and standing, for in these respects he has no 
hold on anybody ; none by the moderation of his char- 
acter, for he is a spasmodic Radical, as well as a weak 
man. ^ 

In keeping with the attacks of the radically inclined 
Republican papers of New York City upon the President, 
their country cousins were nothing if not severe toward 
Johnson. "Nothing more is required to arouse popular 
feeling," said the Albany Evening Journal, " than has 
already been done by the shameful course of the Presi- 
dent and by the contemptible conduct of his conservative 
followers. All that is needed is to consolidate and direct 
the sentiment that exists."* The Evening Journal de- 
clared that the platform represented " everything for the 

' New York World, Sept. 7, 1866. 

■"Ibid. Ubid. 

* Albany Evening Journal, Sept. 6, 1866. 



98 POLITICAL HISTORY OF NEW YORK STATE [98 

cause — nothing for men."' To the Rochester Daily 
Democrat, the only consolation was that Johnson had 
already sunk so low in public esteem that no further 
descent seemed possible.^ The Buffalo Express saw in 
the defeat 3 of " My Policy" by the Radicals of Vermont 
in their September elections, the harbinger of victory 
for the Radicals of New York. In the heat of its en- 
thusiasm over the Syracuse platform, the Express dared 
"the worst assaults of a piebald and corrupt enemy 
whose controlling impulse is plunder, and whose hopes 
center in its ability to deceive and cheat the people."* 
The editorials of the Syracuse Daily Journal and the 
Utica MorntJig Herald were so in unison on the results 
of the Republican convention that they could well have 
been written by the same hand, rather than by two 
editors, 5 both rivals for the editorial leadership of the 
Republican press up-State. The Utica organ gave per- 
haps the better characterization of the convention. 

The Convention was strong in the character of its members, 
but strong^er still in the fiery earnestness of its convictions, 
in the entire harmony of its deliberations, in the stern fixed- 
ness of its purpose and in the inspiring' confidence of complete 
success. No Convention has exhibited so much spirit, so 
much vital energ-y, so much of the moral forces of deep- 
wrought and settled determination.® 

But even Mr. Roberts could not refrain from rebuking 
the "reckless demagogism of Mr. Johnson."^ 

^ Albany Evening Journal, Sept. 6, 1866. 
■•'Rochester Daily Democrat, Sept. 8, 1866. 
'5000 Radical majority. 

* Buffalo Express, Sept. 7, 1866. 

^Carroll E. Smith, of Syracuse Daily Journal. 

* Ellis H. Roberts, \Ji\ca. Morning Herald, Sept. 7, 1866. 
'Syracuse Daily Journal, Sept. 6, 1866. 



99 j ATTITUDE TOWARDS RECONSTRUCTION 99 

The chief State expression of the movement to build 
a new party using Johnson's poHcy as a platform was 
made at Tweedle Hall, Albany, on September 11, 1866. 
The attempt of the Democrats to outmaneuver the Rad- 
icals by uniting with the Conservatives and taking the 
name of the Conservative Union convention was not 
preeminently successful. The Democrats were glad to 
receive the benefits to be derived from an alliance with 
the Conservative element, but they were not willing to 
" pay the price " entailed in order to assure complete 
success. Delegates of Democratic antecedents controlled 
the convention.' The sophistry by which the Tammany 
Democrats attempted to justify their seizure of the polit- 
ical plums might be stated thus : had the Radicals nom- 
inated a moderate, able man, it would have been well to 
put in nomination a Conservative to draw up-State Con- 
servative votes, " but against a narrow, bitter Radical, 
like Fenton, there was no reason in the world why a 
regular Democrat should not be taken." ^ Under these 
circumstances, the Democrats could not see that the 
Conservatives had any cause for dissatisfaction, espec- 
ially as they were in the minority. 

The convention was called to order by Peter Cagger, 
who had succeeded Dean Richmond. Sanford E. Church, 
of Orleans, a promising young man whom Tammany 
chose to honor, was elected temporary chairman. The 
sentiment before the convention opened was extremely 
indefinite. 3 There were two sets of delegates from 

'New York Tribune, Sept. 11, 1866. Greeley stated that "two-thirds 
of the delegates are of the old genuine Copperhead stripe. The other 
third is made up of office-holding Republicans." New York World, 
Sept. 13, 1866. The World magnanimously admitted that the Con- 
servatives were in the minority. 

'New York World, Sept. 13, 1866. 

' New York World, Sept. 12, 1866. 



lOO POLITICAL HISTORY OF NEW YORK STATE [loo 

New York and Brooklyn, representing the Conservatives 
and the Democrats. They, however, came to an agree- 
ment without a contest for seats/ From the rest of the 
State, the Democratic and Conservative delegates were 
about equally divided.^ 

Chief among the candidates for Governor were General 
John A. Dix ; John T. Hoffman, Mayor of New York ; 
General Henry W. Slocum ; Robert H. Pruyn and State 
Senator Henry C. Murphy.^ It was claimed for the 
latter that he would have been the nominee had Dean 
Richmond remained alive.'* Murphy came up from 
Brooklyn with a strong band of roughs, who succeeded 
in giving him a false appearance of strength. But the 
friends of both Slocum and Murphy soon saw the futility 
of their candidacy and gracefully retired in favor of 
Hofifman.5 The feeling for Dix's candidacy grew stronger 
as the delegates from the West arrived. The receipt on 
the first day of the convention of the election returns 
from Maine, proclaiming a Radical success, produced a 
strong impression upon the delegates. The need for 

' New York Tribune, Sept. 12, 1866. 

^ New York Times, Sept. 11, 1866. Among the prominent Conserva- 
tives in attendance were: Thurlow Weed, George E. Babcock, of Erie; 
Mayor Richardson, of Oswego: Wm. E. Dent, of St. Lawrence; Col. 
Follet, of Chicago; P. H. Eagen, of the Syracuse Standard; Gideon 
Reynolds, of Rensselaer; Senator Thomas Murphy; W. W. Smith, of 
Syracuse, and George King. Among the Democratic delegates were: 
Judge Pratt, of Syracuse; John A. Green, John Mather, General Nivens, 
A. Oakey Hall, and Surrogate Tucker, of New York. Governor Sey- 
mour was absent, as given out, on account of illness. 

' Sanford E. Church was strongly pressed for Governor, but refused 
the use of his name. The Western delegates, also, attempted to rally 
on the names of John Ganson, of Buffalo, and W. C. Fargo, of the 
American Express Company, but little headway was made. 

* New York Times, Sept. 11, 1866. Better sentiment believed, how- 
ever, that Richmond would have placed Dix in nomination without 
doubt. 

■^ New York Herald, Sept. 12, 1866. 



lOi] ATTITUDE TOWARDS RECONSTRUCTION loi 

Conservative votes forcibly presented itself. While it 
was admitted that Dix would draw more Conservative 
votes than any other man, his opponents contended that 
such a gain would be more than counterbalanced by 
Democratic opposition, from those who would not forget 
his course towards Governor Seymour/ 

The trouble over the nomination came chiefly from 
the extreme Democrats. Backed by thirty thousand 
dollars, they came to the convention with the determi- 
nation to nominate Hofifman.'' The field narrowed 
down to Dix and HofTman. As soon as the Hoffman 
lobbyists discovered the real strength of Dix, they began 
a campaign of defamation against him, equal to the 
bitterness displayed toward Johnson by the Radicals, or 
the rancour of the Copperheads towards Lincoln. Due 
to the excessive noise of the HoiTman followers, the 
country delegates, judging him by his satellites, formed a 
very unfavorable opinion of him.^ 

In order to work up a stronger sentiment for Hoffman, 

' New York Herald, Sept. 13, 1866. Dix incurred the especial enmity 
of the Seymour Democrats by his suppression of two Copperhead news- 
papers in New York City during the War. The tone of the convention 
was marred by the untimely death of Dean Richmond, who had so long 
been the head of the Democratic State organization. In life he was the 
unquestioned leader of the New York Democracy. Although a poli- 
tician, he was a man broad in his sympathies, astute in his judgment of 
people and highly thought of by men of both parties. Upon the first 
day of the convention, Sam.uel J. Tilden was called upon to give a 
eulogy on Richmond. Cf. note on Richmond. F. W. Seward, Life of 
Seward, vol. iii, p. 339. Harper's Weekly, Sept. 15, 1866. New York 
Herald, Sept. 12, 1866. 

' New York Times, Sept. 12, 1866. The Times suggested that they 
were as willing to spend it in the convention as on the canvass. Greeley 
contributed his mite in describing the Democratic hosts. " The lobbies 
were filled with spectators, most of whom were roughs from New York 
and Brooklyn These fighting characters are the champions of . . . 

Mayor Hoffman and Senator Murphy." New York Tribune, Sept. 12, 
1866. 

* New York Herald, Sept. 13, 1866. New York World, Sept. 13, 1866. 



T02 POLITICAL HISTORY OF NEW YORK STATE [102 

the New York delegation sparred for time. By a coup 
d' ktat, which, if not in accord with ethical rule or parli- 
amentary usage, was startling in its boldness, they ac- 
complished their immediate end, and thus the ultimate 
goal. On the first morning of the convention a motion 
to adjourn until the morrow was voted down by an over- 
whelming majority. The same motion was put in the 
afternoon session before any business had been trans- 
acted, other than the reading of a letter from Morris 
Franklin, of Queens County, in which he urged the 
convention to be harmonious. The spirit of the letter 
was in obvious contrast with the immediate action of the 
convention. The motion for adjournment was again 
voted down decidedly.' To the surprise of all, except 
the initiated, the temporary chairman, Sanford E. Church, 
declared the convention adjourned until the next miOrn- 
ing at ten o'clock. Great confusion resulted. Several 
delegates were on their feet at once to protest the ruling, 
which Mr. Church attempted to explain. Cries were 
raised from all sides for the chairm.an to put th^ motion 
again. He replied that he had declared the convention 
adjourned; therefore, no further business could be done. 
By the time the noise had subsided sufficiently for him to 
speak further, Felix McClosky came from one of the 
committee rooms. Calling to Church, he gave him a 
wink. Church at once took his hat and left the plat- 
form.'' The pretense given for the adjournment was 
that neither the committee on resolutions nor on per- 
manent organization was ready to report. As a matter 
of fact, the latter committee was ready and was only 
waiting for its chairman to come into the hall.-^ 

'New York Herald, Sept. 13, 1866. Ibid., Sept. 12, 1866. New 
York Times, Sept. 12, 1866. 
'New York Tribune, Sept. 12, 1866. 
*New York Times, Sept. 12, 1866. 



I03] ATTITUDE TOWARDS RECONSTRUCTION 103 

The consternation was intense. Nearly all the dele- 
gates rose to their feet, calling first on this one, then on 
that one to take the chair. The outsiders and roughs 
broke in on the floor of the hall and commenced damn- 
ing Church. Benches were overturned. Bedlam reigned. 
Surrogate Tucker gathered the Tweed crowd and pro- 
posed three cheers for John Hoffman, which were noisily 
given. Then followed cheers for Murphy. But when a 
Dix man proposed three cheers for General Dix, he was 
hissed and groaned down. This made clear the motion 
for adjournment. Senator Shafer, of Albany, a member 
of the committee on resolutions, mounted the platform, 
and with the aid of John G. Saxe, as chairman, tried to 
organize the body into a Democratic mass meeting, but 
without success. " D — n the mass meeting, we want the 
nomination " was the sentiment which came from the 
floor.' 

It was thought by the Tammany supporters that on 
adjournment a large number of the country delegates 
would tire out and depart. It effected just the opposite 
result. However, the Dix supporters had been alarmed 
at the hisses which, while not in great numbers, engen- 
dered a feeling in the delegates that it would endanger 
the harmony of the convention if his name were pressed. 
Whether justly or not, the hisses were chiefly charged to 
Murphy supporters. Some of the western Democrats 
withdrew their support from Dix, thereby rendering his 
election improbable. Other Dix men suggested his 
withdrawal and concentration on either Hoffman or Slo- 
cum. The latter was persona non grata to the followers 

' New York Tribune, Sept. 12, 1866. That Shafer knew the crowd 
with which he was dealing is illustrated, when in the course of his re- 
marks he said: " If you have not got enough money to pay your hotel 
bills and your fare back home, we will raise it for you "; he was greeted 
with " Bully for you," "That's the point," " We want some place to 
sleep and something to eat." 



I04 POLITICAL HISTORY OF NEW YORK STATE [104 

of Thurlow Weed, who demurred to Slocum on the 
ground that they had said many unpleasant things con- 
cerning him in the previous election, and did not want 
to swallow their own words so soon.' It was generally 
understood that each should vote as he saw fit upon the 
first ballot; then, if it was seen that Dix had no chance, 
to go for Hoffman in a body. 

In the early part of the convention Thurlow Weed, 
backed by Henry Raymond and the Times, made great 
efiforts in aid of General Dix. Weed perceived, however, 
after the fourth adjournment that he was vanquished. 
Horace Greeley describes his discomfiture with a pleasant 
relish. 

He became careless, ate two suppers, and spent most of the 
night smoking^ his mean cig^ars and prophesying the defeat of 
the party this fall. He couldn't be consoled, and the Hofifman 
men did not try to console him. They maintained that the 
Convention was a Democratic one and Weed should be satis- 
fied with a back seat." 

The Convention re-convened the next morning, Sep- 
tember 12, 1866. Mr. A, H. Green, chairman of the 
committee on permanent organization, reported Hon. 
Sandford E. Church for president. Francis Kernan 
moved the adoption of the committee's report in a con- 
ciliatory speech. 

He knew that there were a few members who felt aggrieved by 
the decision of the Chair yesterday. He regretted this very 
much, but still not more, nor as much, as our eminent presid- 

' New Yov'k. Herald, Sept. 12, 1866. 

' New York Tribune, Sept. 12, 1866. A Tammany delegate was re- 
ported to have made the following remark, which Greeley, in a very 
compassionate spirit, felt the necessity to report: "Thurlow Weed is 
an old, played-out stump, and he cannot shove any old-time granny 
like Dix on the Democratic party! No! not if the Court knows itself, 
which she thinks she does." 



105] ATTITUDE TOWARDS RECONSTRUCTION 105 

ing: officer. After his very proper and handsome explanation 
this morning he felt certain there was not a delegate present 
who would not freely and fully credit the circumstance to inad- 
vertence and not to intention. ' 

When Mr. Church resumed the chair he was greeted 
with great applause intermingled with hisses. He closed 
the incident of the previous day in a few well chosen 
words calculated to carry belief. 

Shortly after the convention had been called to order, 
Judge Pierrepont, in seconding the nomination of John 
T. Hoffman made by A. Oakey Hall, coolly announced 
that he was authorized by General Dix to withdraw his 
name.'' Pierrepont's effrontery was still more pro- 
nounced when he stated in the same speech, that he had 
united with the Hoffman Democrats before the Phila- 
delphia convention. Judge Pierrepont had ostenta- 
tiously refused to participate in the Philadelphia conven- 
tion and in his speech at Albany, for the first time, 
virtually assigned the reason for so doing. He said that, 
" Three months ago several of us assembled together in 
the City of New York and decided that Mayor Hoffman 
should be nominated for Governor." ^ It is evident that 

' New York Times, Sept. 13, 1866. 

^New York World, Sept. 13, 1866. "He said that he desired to 
make a few words of explanation in reference to what had occurred 
yesterday partly on account of a misapprehension on the part of the 
Chair, and partly on account of a misapprehension by a portion of the 
Convention. When the Chair found that neither of the Committees 
were prepared with a report, he supposed that the Convention would be 
inclined to yield to an adjournment until this morning. When the 
motion was made to adjourn the Chairman declared it carried, hastily, 
perhaps, before the voting was finished. If that created any ill feeling 
in the mind of any gentleman present, no one more regretted it than 
the Chair." 

^ New York Times, Sept. 13, 1866. Pierrepont closed his speech 
thus: "My friend, my intimate friend, one whom I respect, whom I 
personally like, has had his name before this Convention, and with or 



lo6 POLITICAL HISTORY OF NEW YORK STATE [io6 

Pierrepont played the traitor to Dix, for Weed declared 
that on the day previous Judge Pierrepont had con- 
curred with him that Dix was the logical candidate/ 

Mayor Hoffman was enthusiastically nominated by 
acclamation and was immediately notified of his nomina- 
tion, so that he was enabled to reach the convention at 
one-thirty in the afternoon, and make an address of 
acceptance. He spoke in a self-laudatory manner of his 
conduct in former offices.^ He decried the Radicals and 
emphasized the importance of looking out for the con- 
structive rights of New York State and the Democratic 
party. 3 

Two names were placed in nomination for lieutenant- 
governor ; those of Robert H. Pruyn,'* of Albany, and 

without his consent, his friends who have been in recent communi- 
cation with him— that gallant, excellent, noble, perfect gentleman, 
and statesman — have desired me to say when I got up here to speak 
that the name of General Dix should be no longer before this Conven- 
tion, but should be withdrawn in favor of John T. Hofifman." New 
York Tribune, Sept. 13, 1866. 

'New York Times, Sept. 17, 1866. 

* His infamy and connection with Tweed were not then generally 
known. The Times had this to say on Hoftman: " He is a gentleman 
of ability and eminent purity of character and his course during the war 
was patriotic and unexceptionable. We do not think that he will com- 
mand as large a degree of public confidence and support in the pending 
canvass as would General Dix. . • However, . . • Mr. Hoffman is a 
gentleman to whom no possible exception can be taken on personal 
grounds." New York Times, Sept. 13, 1866. 

The Independent saw a striking similarity between Hoffman and 
Horatio Seymour. "Both John T. Hoffman and Horatio Seymour 
are aristocratic in sympathy and tastes, while 'democrats' in name; 
both have a clear pro-slavery record; both look for an election at the 
hands of the rum-selling interest, which they have served; both can 
boast a large following of ' friends' in the lowest strata of metropolitan 
ignorance and degradation." The Independent, Sept. 27, 1866. 

» New York World, Sept. 13, 1866. 

'^History of the Bench and Bar of New York, vol. i, p. 445. Robert 
H. Pruyn was formerly a Whig, then a strong Republican. At this 
time he zealously advocated a policy of prompt restoration of the Union 



loy] ATTITUDE TOkVARDS RECONSTRUCTION 107 

Harlow L. Comstock, of Wyoming. On the defeat of 
General Dix, the western delegates made a strong effort 
to force the nomination of Mr. Comstock. It was 
argued that this recognition should be given to the Dix 
interests as compensation for his defeat.' An effort was 
made to have Pruyn withdraw, but the Tammany slate 
proved too strong, and the vote resulted in his nomina- 
tion. 

For canal commissioner there was no contest. Wil- 
liam W. Wright was nominated by acclamation. For 
inspector of state prisons, Mr. Washington J. Smith 
withdrew from the field in favor of Frank B. Gallagher, 
of Buffalo.^ 

The Democratic organs outside of New York City 
gave very subdued accounts of the Tammany coi^p d'etat 

by the admission of loyal representatives to their seats in Congress. 
He was a man of ability, great practical energy, and had had a large 
share of political experience. The Times regretted " exceedingly that 
Mr. Pruyn saw fit to accept a nomination at the hands of the Albany 
Convention. He regards it . not as a Democratic Convention but 

as a Convention of National Union Men." New York Times, Oct. 5, 
1866. 
' New York Herald, Sept. 13, 1866. 
"The following were announced as the new State Committee: 

1st District— Chas. G. Cornell, Peter B. Sweeney, Thos. E. Stewart. 

2nd District — William M. Parks, Elias Beach. 

3rd District — Peter Cagger, F. D. Laflin, Gideon Reynolds. 

4th District— Wm. J. Averill, A. B. Waldo, George Briggs. 

5th District— Delos Dewolf, Lewis H. Brown, Henry H. Fish. 

6th District— Henry D. Banto, Jr., C. H. Walrath, D. L. Follett. 

7th District— C. C. B. Walker, Elmore P. Rose, "David H. Asell. 

8th District — Henry A. Richmond, J. W. Sherman, A. P. Lanning. 
Members of the State Committee-at-Large were Samuel J. Tilden, 
N. Y. C; Francis Kernan, Oneida; William G. Fargo, Erie. 
The ticket was as follows: 

Governor — John T. Hoffman, New York. 

Lieutenant-Governor — Robert H. Pruyn, Albany. 

Canal Commissioner — William W. Wright, Ontario. 

Prison Inspector — Frank B. Gallagher. Erie. 

— New York World, Sept. 13, 1866. 



I08 POLITICAL HISTORY OF NEW YORK STATE [io8 

in the convention. Uniformly, in place of the custom- 
ary blare of trumpets, those papers attempted to keep 
from the reading public the details of the methods used. 
The Utica Daily Observer was the chief Democratic 
sheet to suggest the turbulence in the convention, which 
it did in a delicate manner. "An agreement so hearty 
after a canvass so animated, has rarely been reached in 
any deliberative body." ' The Ogdensburg Daily Journal 
was most unkind in its remarks to the discomfited Con- 
servatives who had joined the Democrats at Albany. 

They were green enoug"h to suppose that because the Copper- 
heads took back seats at Saratoga and Philadelphia, while 
Doolittle, Randall, Raymond, Weed and Co., reconstructed 
the Democratic party, they were to have full direction of af- 
fairs .... but they failed to read Nasby, and learn that the 
first and only instinct of the Democracy is ofifice; that however 
quiet they may be at meeting's where no offices are to be be- 
stowed, in nominating Conventions they are as rancorous as 
wolves.^ 

The Syracuse Daily Journal rejoiced that the Albany 
Regency had completely passed over to the Democrats, 
taking with it Mr. Pruyn.^ In the same vein Roberts, 
of the Utica Morning Herald, rejoiced : Le roi est mort : 
vive le roi. " The head of the Regency has passed away, 
still the Regency lives and rules." ^ But in more sober 
tongue he continued that while the ticket was not one 
that could impel men to special activity, yet it was not 
one to be despised and called for organization. ^ Tam- 
many was first supported in its questionable convention 
methods outside of New York City by Mr. W. W. Green, 

' Utica /?«//)/ Observer, Sept. 13, 1866. 

* Ogdensburg Z^aZ/y 7i?«r«a/, Sept. 14, 1866. 

' Syracuse Daily Journal, Sept. 12, 1866. 

^'[5t\z2L Morning Herald, Sept. 13, 1866. ^ Ibid. 



IOq] attitude towards reconstruction 109 

editor of the S3^racuse Daily Courier and Union. In a 
dispassionate editorial he expressed the behef that al- 
though part of the State delegates were for Dix, his atti- 
tude towards Seymour would have detracted more Dem- 
ocratic votes from him than he would have drawn from 
the Conservatives, it being admitted that he would have 
drawn more Conservative votes than any other candidate/ 
The platform reaffirmed the principles set forth by the 
Philadelphia Convention of August 14, 1866, and prom- 
ised to reaffirm and hold inviolable the faith of the Nation 
to the South. It urged the restoration of the great mass 
of people in the South to all the rights and functions of 
citizenship. Further, the platform affirmed that " the 
centralization of power in this State, not less than in the 
Union, is fatal to the harmony of our political system. 
. . . Recent legislation at Albany has usurped a supreme 
yet fitful control of the local affairs which counties and 
municipalities are entitled to regulate."^ Lastly, the 
platform criticised the Radical legislative extravagance 
and "fraudulent tampering with the public works of the 
State. At Washington millions have been squandered 
upon central schemes of local benefactions, and a partisan 
Congress, while reducing the appropriations for a patri- 
otic soldiery, has not scrupled to enhance its own emolu- 
ments of office." 3 The reference to the "recent legisla- 
tion at Albany" resulted from acts of the legislature, 
which was controlled by Radicals, placing the control of 
New York City adm.inistration largely under boards and 
commissions.'' Tammany strongly opposed the interfer- 
ence with their freedom of home rule. 

' Syracuse Daily Courier and Union, Sept. 13, 1866. 

'New York World, Sept. 13, 1866. ^Ibid. 

*The most important of these acts were: " An Act to create a Metro- 
politan Sanitary District and Board of Health therein for the preserva- 
tion of life and health and to prevent the spread of disease." Lazvs of 



no POLITICAL HISTORY OF NEW YORK STATE [no 

Exactly what was the real editorial opinion of the 
State Democratic papers in reference to the Albany 
platform is difificult to gauge. From the dearth of con- 
vincing statements it would appear that the Democratic 
press believed it wiser to pass over the troublesome 
questions peculiar to New York, and direct the public 
eye to the principles of the Philadelphia convention 
alone. As was natural, the Conservatives resented the 
apparent intention of the Democrats to strengthen their 
party at the expense of the Conservatives, who had 
entered into the movement to organize a party founded 
on the President's policy with bona fide intentions. 
Several papers reminded the Democrats of their obliga- 
tions to keep faith. " It seems clear from^ this state- 
ment," ' remarked the Times, 

that Mr. Hoffman was nominated, not as the result of any 
tacit or other understanding at the Philadelphia Convention, 

New York, 1866, C. 74, vol. i, p. 114. Passed February 26, 1866. This 
act was amended April 19, 1866, when special directions as to enforce- 
ment and penalties were given. Laws of New York, 1866, C. 686, 
vol. ii, p. 1462. 

"An act to amend an act passed April twenty-five, one thousand 
eight hundred and sixty-four, entitled 'An act to amend an act enti- 
tled, "An act to establish a Metropolitan Police District, and to provide 
for the government thereof," passed April fifteen, one thousand eight 
hundred and fifty-seven,' passed April ten. one thousand eight hundred 
and sixty." Laws of New York, 1866, C. 84, vol. i, p. 153. Passed 
Feb. 28, 1866. 

Metropolitan Fire Department, two acts relating to. Laws of New 
York, 1866, C. 315, vol. i, p. 719; ibid., C. 756, vol. ii, p. 1637. 

"An Act in relation to Quarantine in the port of New York and 
providing for the construction of the permanent Quarantine establish- 
ment." Laws of New York, 1866, C. 751, vol. ii, p. 1625. 

The Registry Law, also, was amended. "An Act to ascertain by 
proper proofs who shall be entitled to the rights of suffrage." This 
was a stringent tightening up of the Registry Laws, which placed the 
metropolitan police largely in control. Laws of New York, 1866, 
C. 812, vol. ii, p. 1780. 

^ Pierrepont's Speech before the Convention. Cf. supra, p. 106. 



Ill] ATTITUDE TOWARDS RECONSTRUCTION m 

but as the result of a meeting: of ' several of us ' held in New 
York two months before the Philadelphia Convention assem- 
bled; and not as the exponent of its principles, nor for the 
purpose of carrying: into effect its purposes and objects, but as 
the representative of the Democratic party and for" the purpose 
of promoting: its welfare and securing: its success. \ 

The Conservatives were further disgruntled over the 
insertion into the Albany platform of a plank which con- 
demned the several boards and commissions provided 
for New York City by the Radical legislature/ Ray- 
mond on October 2, 1866, came out openly in support 
of the Republican ticket. The Times of that date says : 

The Philadelphia Convention had indicated a strong: desire, on 
the part of patriotic men in both sections, for a restoration of 
the Union upon just and Constitutional principles; and there 
was a larg:e body of people ready to waive their party relations 
for this specific purpose, and co-operate in measures to g:ive 
this desired effect. The Democrats believed that they could 
use this disposition for their own party purposes. They seized 
upon it, not to co-operate in carrying: it out, but to make it 
do their party work.' 

"We are opposed, out and out, to the election of the 
Democratic State ticket nominated at Albany, and in 
favor of Fenton, Woodford, and their associates, on the 
the Union State ticket," said the Times of October 5, 
1866, in answer to a quibble issued by Thurlow Weed in 
the Albany Evetiing Journal.* 

Thurlow Weed, in a letter to the editor of the New 
York Titnes, stated what he understood to be the pur- 

' New York Times, Sept. 17, 1866. 

'The Police Commission, the Board of Charities, the Emigration 
Commission, the Central Park Commission and the Board of Health, 
all came in for condemnation. 

^ New York Times, Oct. 2, 1866. 

* Albany Evenino- Journal, Oct. i, 1866. 



112 POLITICAL HISTORY OF NEW YORK STATE [112 

port of the Albany convention. The two reasons he 
gave for the preservation of the Philadelphia principle 
in the convention at Albany were : " First, that the 
Democratic Party were in a pronounced minority ; and 
second, that its odor of disloyalty restrained Republicans, 
however opposed to Radicalism, from uniting with it as 
a Party." Weed regretted the action of Judge Pierre- 
pont. 

That the Democratic Party consented, for the accomplishment 
of a great national reform, to temporarily merge itself in the 
National Union Movement, was my understanding and expect- 
ation. That, too, was the understanding of the late Mr. Rich- 
mond, with whom I held frequent, frank and unreserved con- 
versations. I advised the Philadelphia Convention .... that 
if the Democracy would, by its experience in adversity, learn 
that it could only restore itself to popular confidence by be- 
coming loyal, a reform Democracy would ultimately recover 
possession of the Government. And I now avow, unhesitat- 
ingly, my conviction, that the Government would be safer in 
the hands of such Democratic statesmen, as Marcy, Wright 
and Dix, than with the reckless red radicalism which rules the 
present Congress .... For myself there is nothing political in 
the past that I would recall. All that I uttered, before and 
during the rebellion, may be read with approval now, .... I 
differ with Judge Pierrepont and the World in my understand- 
ing of the character of the State ticket for which I shall vote.' 

James Gordon Bennett experienced a change of heart. 
He had been a firm supporter of the Johnsonian policy, 
but, Johnson's conduct and the Maine election evidently 
foretold him of danger. 

We are convinced from the significant results of the Maine 
election that this amendment will carry all the Northern States 
yet to come .... We would therefore urge upon President 
Johnson the statesmanlike policy of a truce with Congress, and 

' New York Times, Oct. o, 1866. 



113] ATTITUDE TOWARDS RECONSTRUCTION 113 

an active co-operation with the fixed and predominant public 
opinion of the North.' 

Bennett's desertion of President Johnson and the Demo- 
cratic party was a grievous blow to the Democrats. 
The World impotently remarked concerning the change 
in the Herald's attitude, " Its opposition is harmless 
but its cooperation is disgusting. . . . No man can fore- 
tell what its crass stupidity and blind selfishness may 

inflict upon the Tribune, [and] The Independent, 

Wendell Phillips hardly deserved this — Thaddeus Stevens 
was worthy of a milder fate."" 

The World oi October 5, 1866, maintained that "The 
New York delegation to Philadelphia was appointed by a 
gathering of politicians at Saratoga, which neither repre- 
sented, had any authority to bind nor made any pretense 
of binding the Democratic organization of the State." 
The World then asked : 

Did the Democratic Party then and there, acting througfh its 
accredited representatives, agfree to give up its organization, 
abandon its name, and merge its existence into a new party ? 
So far from it, that then and there, in spite of urgent, persist- 
ent entreaties to the contrary, it determined to issue its regular 
and customary call for a Democratic State Convention. 

The Albany Argus took the same attitude as the World. 
Mr. Weed denounced the spirit of the two papers and 
claimed that the majority of the leading Democrats of 
the State were acting in good faith. 

' New York Herald, Sept. 15, 1866. 

^ New York World, Sept. 20, 1866. 

Note. — The colored people of the State gathered in convention at Al- 
bany on October 16, 1866, through a call issued by the Colored People's 
State central committee. The convention, which lasted two days, was 
attended by what Horace Greeley termed a " fine body of men." (a) 
A platform was adopted, the chief provisions of which maintained, that 



114 POLITICAL HISTORY OF NEW YORK STATE [114 

the $250 property clause for colored people in the State constitution 
was unjust, and "that the elective franchise in this Republic is not a 
gift but a right belonging to all native-born men." (b) A joint address 
was issued to the Democrats and Conservatives which made a statement 
of what the negroes believed to be their duty, and, also, begged for 
recognition, (c) The Tribune, by its conciliatory attitude towards the 
negroes, drew the few votes of those qualified, (a) New York Ttibune, 
Sept. 17, 1866. (b) New York Herald, Oct. 18, 1866. (c) Ibid. 



CHAPTER V 
The Campaign of 1866 

The State campaign of 1866 was waged with an ardor 
and a seriousness akin to a Presidential election. The 
ludependent, a paper which represented the moral and 
religious sentiments of the community, voiced the Radi- 
cal battle-cry, '' All hail to a reconstructed Union on the 
granite of Impartial Suffrage."' Questions of national 
policy occupied the forefront among the issues. How- 
ever, there was one local question which caused the Demo- 
crats, in attempting to avoid it, considerable anxiety : 
namely, the question of legislative commissions for New 
York City. It was well known that Hofifman, as mayor 
of the City, was mortally opposed to the legislative 
action which took control of municipal boards from the 
mayor and the common council. The Times publicly 
accused Hoffman of being pledged to do away with these 
commissioners and to "leave the city to itself."* It 
called to mind the administration of the City under the 
old system, and asked what might have happened during 
the summer of 1866, with Mayor Hoffman's Democratic 
board devising means to keep off the cholera. 

Horace Greeley questioned the citizens of New York 
City if they desired a return " to the Health Boards of 
the Ring, under which from 7,000 to 10,000 preventable 
deaths occurred annually," or if they desired a return to 

' The Iftdependent, Sept. 20, 1866. 
^ New York Times, Oct. 9, 1866. 

IIS] "5 



Il6 POLITICAL HISTORY OF NEW YORK STATE [ii6 

the old Volunteer Fire Department system " with all its 
rowdyism, violence, rioting, bunking, false voting, and 
all its immoralities and costliness." " Remember, then," 
said Greeley, " that a vote for Mr. Hoffman consigns the 
City to the mercy of the Rings." ' James Gordon Ben- 
nett charged that Hoffman owed his nomination as 
mayor of New York City and as Governor of the State 
to the corrupt patronage of " Street Commissioner 
Charles G. Cornell and his deputy. Supervisor Tweed." ^ 
Harper s Weekly believed that aside from all other ob- 
jections to Hoffman, the fact that he was " the candidate 
of the ' Ring,' which has made the name of New York 
City government a stench in the national nostrils," would 
be fatal to his candidacy.^ 

The World, forced to an answer by the constant " bug- 
abooing""* of the Republican organs, gave the lie direct. 
"They sustain their calumny with not an atom of evi- 
dence or fact. They advance it as a naked falsehood, 
without color of excuse or pretense of proof." ^ The 
Tribune made another" troublesome charge which the 
Democrats, in general, and the World, in particular, saw 
fit to ignore. Hoffman's Copperhead affiliations were 
reviewed and he was burdened with this utterance made 
in the Presidential campaign of 1864: "If Tennessee is 
not allowed to vote in the Electoral College, and Lincoln 
should be elected, I would advise revolution and resist- 

' New York Tribune, Oct. 13, 1866. 

"New York Herald, Oct. 13, 1866. 

'^ Harper s Weekly, Oct. 20, 1866, p. 658. 

*New York World, Oct. 19, 1866. The ''Herald, Tribvne zn6. Times, 
are now bugabooing in vociferous concert that the election of Mr. Hofif- 
man would be a deliberate surrender of this city into the hands of the 
plunderers of the Ring." 

* New York World, Oct. 19, 1866. 



11^] THE CAMPAIGN OF 1866 j^^ 

ance to the Government, and you may know which side 
to find me on." ' 

Where campaigns were in progress, the President, 
also, did much to hurt the National Union cause, ^ through 
his great use of the " spoils system." " The President 
is making vigorous use of the opportunity afforded him 
by the recess of the Senate to sweep the public service 
clean of all persons who do not approve of his ' policy,' 
and put in their places those who do."^ Thurlow Weed 

' New York Tribune, Oct. s, 1866. 

'A small, witty, campaign book, which had great popularity and was 
a potent factor in the opposition to Johnson, was entitled: " Swingin 
Round the Cirkle," by Petroleum V. Nasby (D. R. Locke). [Illus- 
trated by Thomas Nast.] 

" Late Pastor of the Church of the New dispensation, 

Chaplain to his Excellency the President and P.M. 

at the Conferate x Roads, Kentucky." 

The satire of the dedication gives the keynote to the whole volume. 

" Dedikashun uv this book 

To 

Androo Johnson 

The Pride and Hope uv Dimocrisy 

Who hez bin Alderman uv his native village, 

Guvner uv his State, 

Member uv the lower house uv Congress, 

And likewise uv the Senit, 

Vice President and President, and might hev bin Diktater, 

But who is nevertheless, a Humble Individoaal; 

Who hez swung around the entire cirkle uv offishl honor, 

without feelin his Oats much: 

The first public man who considered my services worth payin for: 

This volume 

Is Respectfully Dedikated." 

David R. Locke, of the Toledo Blade, first published the series in his 

paper. 

^ The Nation, Sept. 6, 1866, p. igx. Ibid., Sept. 2^, 1866, p. 241. 
Johnson removed 1283 postmasters during the campaign, and a relative 
number of custom-house employees and internal revenue ofificers, De- 
witt, The Impeachment and Trial of Andrew Johnson (New York, 
1903), p. 123. Referring to the ofifice-holders Johnson in his St. Louis 



Il8 POLITICAL HISTORY OF NEW YORK STATE [ng 

complained that " prominent among the causes of em- 
barrassment is the appointment of ' Copperheads ' to 
office. Those who mislead the Administration in this 
respect do much wrong and more mischief. . . . Wher- 
ever Copperheads are appointed to or nominated for 
office, the effect will prove disastrous."' 

Politicians on both sides during the course of the 
campaign endeavored to argue philologically as to the 
technical use of the word happen, which is found in the 
constitutional clause giving the President power " to fill 
vacancies that may happen during the recess of the Sen- 
ate."' Those who argued for Congress claimed the 
inference was that he had no power to fill vacancies 
which he himself had created, in as much as the word 
happen contains the idea of chance and excludes the idea 
of premeditation. Johnson's supporters maintained that 
the word happen meant occur, with the idea that any 
occurrence of a vacancy from whatsoever cause gave the 
President power to fill that vacancy.^ The Nation aptly 
summarized the discussion on this point: "Philological 
discussions, carried on half in slang and half in billings- 
gate by red-hot political partisans, are generally amusing 
rather than profitable, and the discussions we have had 
about the meaning of this word furnish no exception to 
the rule."-* 

speech said: " I will kick them out just as fast as I can." The Sher- 
man Letter's (New York, 1894), p. 278. — " But worse than all, his turn- 
ing out good men— sometimes wounded soldiers— merely because they 
adhered to their party convictions, and putting in men who opposed the 
war throughout, is simply an unmitigated outrage that will stain the 
name of any man connected with such conduct." 

' New York Times, Oct. 9, 1866. 

'United States Constitution, Art. II, Sec. 2. 

'New York World, Aug. 21, 1866. 

" The Nation, Sept. 6, 1866, p. 191. 



Iig] THE CAMPAIGN OF 1866 Hg 

Due to his partisan zeal and national preeminence as a 
clergyman, Henry Ward Beecher received much attention 
on account of a letter' he wrote in answer to an invitation 
to attend the Soldiers' and Sailors' Convention at Cleve- 
land. Beecher's letter had a great influence in the cam- 
paign as the best resume of the Presidential policy yet 
given. ^ Beecher advocated the admission of representa- 
tives from the Southern States. " It is said that if admit- 
ted to Congress, the Southern Senators and Representa- 
tives will coalesce with Northern Democrats and rule the 
country." He asked, " Is this nation, then, to remain 
dismembered to serve the ends of parties? Have we 
learned no wisdom by the history of the last ten years, 
in which just this course of sacrificing the nation to the 
exigencies of parties plunged us into rebellion and war? "^ 
Beecher believed that the new and more advanced ideas 
resulting from the experience of the previous five years 
were sufficient to avert the dangers which were feared 
from a participation of the South in the government.* 

' TAg Independent , Sept. 6, 1866. 

"^ Harper s Weekly, Sept. 22, 1866, p. 594. Harper s Weekly de- 
murred to the letter. . "We must say frankly that, as a campaign 
document, it will persuade only those who do not understand the ques- 
tion. For it does not seem to us to touch the question. To be asked 
whether it is convincing is like being asked after a feast of watermelon, 
how the peaches taste. We have not tasted them." 

•'' The Independent, Sept. 6, 1866. 

* Ibid. The following passage in Beecher's letter is suggestive of his 
prescience in the treatment of the negro problem: "Civilization is a 
growth. None can escape that forty years in the wilderness who travel 
from the Egypt of ignorance to the promised land of civilization. The 
freedmen must take their march. I have full faith in the results. If 
they have the stamina to undergo the hardships which every uncivilized 
people has undergone in their upward progress, they will in due time 
take their place among us. That place cannot be bought, nor be- 
queathed, nor gained by sleight of hand. It will come to sobriety, 
virtue, industry and frugality. As the nation cannot be sound until the 
South is prosperous, so, on the other extreme, a healthy condition of 
civil society in the South is indispensable to the welfare of the freedmen." 



I20 POLITICAL HISTORY OF NEW YORK STATE [120 

Horace Greeley took up the cudgels against Beecher. 
"The Rev. Henry Ward Beecher has written a letter 
approving the Cleveland Convention, which shows that 
the war has taught him nothing, while he has forgotten 
his own teachings."' The Times remarked: 

What a pity it is t|iat Mr. Beecher is so stupid ! If he had been 
so docile and quick to learn as the Tribune, he mig-ht have 
been possibly as wise now as that journal was when it advo- 
cated the rig^ht of secession, urg-ed peace * on the best obtain- 
able terms ' if one more battle should fail, and proposed to pay 
the Slave States, rebel and loyal alike, $400,000,000, as com- 
pensation for the loss of their slaves. It is a great misfortune 
that Mr. Beecher is so dull.' 

However, slightly over a month later, we find Beecher 
making the ratification speech, at the Brooklyn Academy 
of Music, for Fenton and the Radicals. " The continuance 
in power of the Republican Party is indispensable to the 
great work of raising up the Freedmen to security and 

'New York Tribtme, Sept. i, 1866. 

*New York Times, Sept. 3, 1866; New York World, Sept. 10, 1866. 
The World, also, came out in strong support of Beecher on the occa- 
sion of his second letter. "Mr. Beecher remains a Republican: re- 
mains a devoted friend of the black race; remains a vigorous advocate 
of the right of the negroes to the ballot." 

The Nation, Sept. 6, 1866, p. 192. The Nation praised the letter "as 
perhaps the most taking and specious statement yet made of the John- 
son position," but added, "the fault of the letter is not that its state- 
ments are not true, or that its arguments are fallacious, but that nearly 
every line of it suggests false inferences, and this it is, added to the 
character of the author, which makes it likely that it will do a good 
deal of mischief." . When Mr. Beecher calls on us 'to dismiss 

from our minds the idea that the freedmen can be classified and separa- 
ted from the white population and nursed and defended by themselves,' 
he is guilty of something very like a sophism. One great cause of the 
present trouble is that the South insists, in spite of the warning of his- 
tory, in classifying the freedmen, 'and bases its classification on the 
absurd distinction of color." 



121 ] THE CAMPAIGN OF 1866 I2i 

intelligence and citizenship," was the sentiment of his 
address.' Beecher had been so maligned for his sup- 
port of Johnson's policy, that at last, completely dis- 
gusted with the President's erratic course, he left him to 
his fate. " Mr. Johnson just now and for some time 
past has been the greatest obstacle in the way of his own 
views. ^ 

The Fenian agitation, with which the papers of this 
period were filled, exerted a strong influence upon the 
campaign due to the large Irish population in New York 
State, its proximity to Canada, and the pro-Irish sym- 
pathy which was prevalent. ^ The Radical leaders en- 
deavored, with the aid of the New York Tribiuie'' and 
the Radical up-State papers, to influence the Fenian 
vote in favor of their policy. President Johnson took 

' New York Tribune, Oct. i6, 1866. 

^Quoted from a private letter, Sept. 6, 1866. Alexander, A Political 
History of the State of New York, vol. iii, p. 163. 

*The Fenian movement, remotely, was the outgrowth of Irish hatred 
for England, immediately, it developed from the "Young Ireland" 
movement of 1848-9. The Fenian movement received its name from a 
secret brotherhood, which had lodges in most of the important cities of 
Europe, Great Britain, Canada and the United States. The secrecy 
with which the order was guided, together with its great chain of lodges, 
made the movement most formidable. Various invasions against and 
uprisings in Canada were planned and attempted. These movements 
largely had their base in the United States, and correspond to similar 
movements in and against Ireland. Eventually, the active measures 
taken by England to suppress the movement effected its overthrow. 

^Cf. speeches of Schuyler Colfax and General John A. Logan. New 
York Tribune, Aug. 16, 1866; Aug. 18, 22, 1866. Also Binghamton 
Daily Republican, Aug. 30, 1866; Sept. 11; Oct. 31, 1866; Syracuse 
Daily Standard, Oct. 30, 1866; Buffalo Express, Oct. 10, Nov. 6, 1866. 
Buffalo was one of the Fenian centers. The Express worked hard to 
secure the Fenian vote for the Radicals. The Buffalo Daily Courier, 
Oct. 10, 31, 1866, tried to offset the Radical organs by telling the 
Fenians that all the Radicals wanted was their votes and then the 
Fenian movement would be deserted. This proved true. 



122 POLITICAL HISTORY OF NEW YORK STATE [122 

firm and active measures to stop the preparation of 
Fenian raids within the United States. He also did all 
in his power to have the neutrality laws observed. 
The President's strict adherence to duty in relation to 
the Fenians cost him and the Democrats a large pro- 
portion of the Irish vote.' This phase of the campaign 
assumed considerable importance. The World com- 
mented that, 

the desperate, unnatural and venal, but fortunately very trans- 
parent efforts which the Radical leaders and press have re- 
cently been making to cajole our Irish fellow-citizens over to 
their infernal plot for the dismemberment of our country .... 
is happily arousing" the vig^ilance and contempt of the whole 
Irish race among: us." 

The Universe, of Philadelphia, a prominent Irish organ, 
reminded its readers that "these Radical negro wor- 
shippers, now blarneying them so prettily to get their 
votes in the coming election, are only the same herd of 
dark-lantern Know-Nothings, anti-Catholics, anti-Irish, 
pro-negro, pro-church-and-convent-burning people whom 
they have such bitter cause to remember." 3 Neverthe- 
less, in the interior of the State, wherever the Irish pop- 
ulation was numerous, and where the Democrats had 

' The Nation, Sept. 20, 1866, p. 221. The Nation predicted that the 
Conservative Republicans and Democrats would, "probably, generally 
lose the Irish vote in the State, owing to Mr. Johnson's dealings with 
the Fenians, which, however, reflected infinite credit on him and we 
are sorry to say his opponents, so far from praising him for this vindi- 
cation of the law at the expense of his popularity, are using it against 
him all over the country and cajoling the Fenians with promises of 
impunity in their raid, which reflect about equal discredit on the Amer- 
ican name whether they are intended to be kept or not." 

'New York World, Aug. 24, 1866. 

'The Universe, Philadelphia. Quoted in the New York World, 
Aug. 24, 1866. 



123] THE CAMPAIGN OF 1866 1 23 

not been able to meet the Radical arguments, the Demo- 
cratic vote fell off, with a proportionate increase in the 
Radicals' strength.' The promise with which the Radi- 
cals tempted the Irish vote in the campaign was the 
passage of more favorable neutrality laws. 

Another important element that entered into the cam- 
paign and one which made Fenton's victory more no- 
table, was the excise movement. A stringent excise law 
was passed on April 14, 1866,^ which caused great ex- 
citement in the metropolitan police district. The law 
was rigidly enforced through the months of May and 
June, 1866, but after the Fourth of July the authorities 
gave up its enforcement, in consequence of a decision by 
Judge Cardozo declaring it unconstitutional.^ On Sun- 
day, July 1st, two hundred and eighty injunctions were 
served permitting open saloons."* Governor Fenton, in 
order to settle the troublesome question at once, called 
a special term of the Supreme Court for the first judi- 
cial district, 5 

A case was brought up under this law in which the 
lower courts decided that the law was constitutional. 
The case was taken up to the Court of Appeals, where 
the lower court was sustained, in the Metropolitan Board 

' New York World, Nov. 7, 1866. 

^ Laws of New York, 1866, C. 578, vol. ii, p. 1242. " An Act to regu- 
late the sale of intoxicating liquors within the Metropolitan Police Dis- 
trict of the State of New York." No one could dispose of spirituous 
liquors in quantities less than five gallons at a time without a license. 
Only persons of good moral character were permitted to receive 
licenses. No liquor could be sold to persons under eighteen years of 
age. All places where liquors were sold, except regular hotels subject 
to restriction contained in the act, were required to close between mid- 
night and sunrise, also on Sundays. Provisions were made for enforce- 
ment, prosecution and penalties. 

'^ Harper 5 Weekly, Nov. 10, 1866, p. 706. ^ Ibid. 

* New York Herald, July 2. 1866. 



124 POLITICAL HISTORY OF NEW YORK STATE [124 

0/ Excise V. John Harris et al., and in several other 
cases/ Hoffman and the "Ring" were forced to bear 
the full brunt of the attacks from the supporters of the 
excise. Harper s Weekly was uncompromising : " It is 
not a pleasant thing to say, but it is the strict truth, that 
Mr. Hoffman is the candidate of the ' conservatism ' of 
the grog-shops."" The Independent made it doubly 
hard for Mr. Hoffman and Tammany Hall to ignore its 
blunt attack. " Mr. Hoffman is opposed to a law which 
closes the rum-dens on the Sabbath ; is opposed to a law^ 
which shuts up the grog-shop at midnight ; and forbids 
it to be reopened until daylight — which forbids women 
to sell strong drink, or boys under eighteen to buy it."^ 
The sole argument which the Democrats advanced against 
the attack was that the harmless customs of a large 
portion of the population were ignored.'* 

In the eastern and southern counties of New York 
State, especially those in which the patroon system of 

^Metropolitan Board of Excise v. John Harris, et at., 34 N. Y., 657. 
The points upon which the courts gave decisive dicta were: That the 
legislature of the State had a constitutional right to regulate and control 
the liquor traffic; that neither the State nor the United States Consti- 
tution places a limit upon the legislature in its regulation of a traffic 
which is connected with public morals, safety and prosperity; that a 
law which prohibits an indiscriminate traffic in spirituous liquors, and 
places the trade under public regulation, violates no constitutional re- 
striction; that licenses to sell liquor are mere temporary permits, giv- 
ing legal protection to what would otherwise be unlawful, not contracts 
between the State and the licensee, giving the latter vested rights; and 
further, that such licenses are not property in any legal or constitutional 
sense. 

'^ Harper s Weekly, Nov. 10, 1866, p. 706. 

' The Independent, Sept. 27, 1866. 

*Of the up-State papers, the Binghamton Daily Republicatt, Oct. 
10, 21, 24, 1866. led in the attack upon the liquor interests of New 
York City. 



125] -^^^ CAMPAIGN OF 1866 1 25 

former days had flourished, a revival of the anti-rent' 
agitation exerted a strong influence upon the campaign 
of 1866. The anti-rent troubles came to a head in the 
town of Knox, Albany County, and spread along either 
side of the Hudson, wherever lands were still held under 
the old " lease-hold " system. In July, of 1866, it became 
necessary to detail a battalion of the tenth regiment of 
militia to suppress the disturbances, but no fire-arms 
were used or actual bodily resistance given. The troops 
were met by a considerable body of men, who broke and 
ran, nine prisoners being taken.' Similar disturbances 
of a more violent sort broke out in the town of Berne, 
resulting in an ambuscade of Colonel Walter S. Church, 
who was connected with the Van Rensselaer's by mar- 
riage, and had, as agent for the owners, made himself 
particularly obnoxious to the lease holders. ^ Colonel 
Church was a local Democratic politician of some note. 
This, together with the fact that a majority of the land 
owners were Democrats, produced a strong reaction in 
that portion of the State against the Democrats. The 
New York Times, in commenting on the anti-rent 
movement, said : 

This party ag-ain manifested its influence at the polls on Tues- 
day last. Most of the prominent owners of these lands are 
Democrats .... the particular agent for the collection of rents 
and distraints from delinquents together with the sheriff, who 

' Originally started about 1839. The movement aimed to break the 
onerous control of the descendants of the Dutch patroons over the 
"lease-hold" lands throughout the eastern and southeastern counties 
of the State. 

■^ These disturbances continued throughout the summer and broke out 
with renewed vigor in September. Vide Troy Whig, Sept. 28, 1866; 
Troy Times, Sept. 26, 1866. 

^ Appletons Anji. Cyc, 1866, pp. 543-4- 



126 POLITICAL HISTORY OF NEW YORK STATE [126 

is a Democrat .... divided the curses of the inhabitants. 
This feehng has reacted upon the party of which thej' are mem- 
bers and many votes were lost in this region to that once all- 
conquering' organization.' 

The New Orleans and Memphis massacres, together 
with the pictures in Harper s Weekly and the letters of 
Petroleum V. Nasby contributed powerful Radical argu- 
ments to the campaign.^ 

' New York Times, Nov. 14, 1866. For a detailed discussion of the 
anti-rent agitation see David Murray, The Anti-Rent Episode in the 
State of New York, Annual Report of the Amer. Hist. Assoc., 1896, 
vol. i, pp. 130-172; Albany Freeholder, organ of Anti-Rent party, April, 
1845-54; Franklin B. Hugh. Gazetteer of the State of New York, 1873; 
Edward P. Cheyney, The Anti-Retit Agitation in the State of New 
York, 1839-46 (Phila., 1887), P- 46; Senate Documents, 1835-1851; As- 
sembly Documents , 1840-1855; Lincoln. Messages from the Governors, 
vol. iv, p. 413; Laws of New York, 1846, C. 274, vol. i, p. 369; ibid., 
C. 327, vol. i, p. 466; The People v. Van Rensselaer and others, 9 N. 
Y. 291; The People v. Clarke, g N. Y. 349. 

'^ Cf. Harper s Weekly, Aug. 25, t866, for pictures and account of the 
massacres. See New York Tribune, Oct. 3, 1866, for the report of the 
military commission which investigated the New Orleans massacre. 
Thomas Nast was a powerful factor backed by Harper s Weekly in 
lampooning Johnson with his pictures. One of Nast's most notable 
caricatures appeared September i, 1866. Johnson was represented as 
Othello, saying to lago, a discharged negro soldier, " Dost thou mock 
me?" to which lago replied: " I mock you! No, by Heaven. Would 
you could bear your fortunes like a man." Surrounding Johnson are 
pictures of Southern rights — "What they were" — /. e., negroes being 
sold and whipped. The contrast with their present condition was repre- 
sented by the slaughter at the New Orleans and Memphis massacres. 
Under the central portion, Johnson is represented as a snake charmer, 
seated in oriental manner playing upon a reed, z'iz,, the United States 
Constitution, while before him a C. S. A. rattlesnake and a Northern 
copperhead snake are strangling and biting a negro. Chase. Stanton 
and Seward, dressed in oriental garb, stand gravely by. Placards sur- 
round Johnson, bearing such sentiments as "Treason is a crime and 
must be made odious, and traitors must be punished," "Love thine 
enemies," "I am your Moses." Other virulent caricatures appeared 
in Harper' s Weekly on September 8, 1866, September 29, 1866, p. 617, 



127] -^^^^^ CAMPAIGN OF 1866 J27 

The treatment of Union soldiers in the Southern 
prisons was also a stimulant to fury against the Demo- 
crats/ The latter on their part were not slow to charge 
Congress with a betrayal of the United States Constitu- 
tion in making the ratification of the Fourteenth Amend- 
ment a requirement before the admittance of the late 
Confederate States. 

Roscoe Conkling, who was making what proved to be 
his last campaign for the House of Representatives/ 
toured the State extensively. In his opening speech at 
Utica on September 13, 1866, Conkling struck the key- 
note of the Republican campaign. He began with the 
statement that Reconstruction was an exaggerated ques- 
tion, artificially manufactured by politicians, and a mere 
distortion of reality. The commercial, the agricultural, 
the materia], the social, even the political prosperity of 
the South, did not and does not depend at all upon 

October 27, 1866, pp. 68o-i, November 3, 1866, p. 696; the last being 
" Amphitheatrum Johnsonianum," which represented Johnson as Nero, 
looking on composedly at the "Massacre of the Innocents," called to 
mind by the race riots in New Orleans and Memphis. For the com- 
plete cycle of Nast's pictures see Albert Bigelow Paine, Thomas Nasi 
—His period and his pictures (New York, 1904), passim. 

^Assembly Documents, vol. iv, pp. 358-429, give a detailed account of 
the conditions in Southern hospitals and prisons. The diary of one 
Samuel Henderson is given in full during his incarceration in Ander- 
sonville: 

"June 23 — Went down to the creek to wash my clothes, but the water 
was so muddy and greasy that I could not; this is the water we have to 
drink; the rebels do all their washing in it above, and throw all the 
slops from their work-house into it," pp. 420-1. 

" July 20— There was a prisoner shot to-day by one of the rebel offi- 
cers. His offense was asking for rations," p. 422. 

"Dec. ID — My weight before being taken prisoner was 142 lbs. 
When I arrived at Annapolis my weight was 55 lbs.." p. 429. 

'Conkling, in the following January, 1867, was elected to the United 
States Senate from New York, where he served until his resignation in 
May, 1881. 



Ij8 political history of new YORK STATE [128 

whether members of Congress from the South com- 
mence speaking and voting twelve months sooner, or 
twelve months later. "They should need to sow, they 
had need to plant, they had need to build, they had need 
to mend, they had need to heal .... in short, their need 
of needs was to go to work." ' 

The dawn of a new era was gradually beginning to 
diffuse itself over the politics of the State. Seward still 
remained in the Cabinet, but was largely shorn of influ- 
ence because of his adherence to the Presidential policy. 
Seward's friends were either neutral or hostile to the 
new program. Thurlow Weed, through his support of 
the ticket representing the Philadelphia principle, had 
lost his control over the political destinies of New York. 
Neither Governor Fenton nor Senator Edwin D. Morgan 
were adapted for oratory.^ It fell to Conkling's share to 
pull the stroke oar. He appealed especially to the 
younger men and gave to the campaign an energy and 
enthusiasm which materially aided in the Republican 
success in November.^ 

' New York Ttibune, Sept. 18, 1866. Conkling spoke in fourteen 
different towns. Alfred Conkling, Life and Letters of Roscoe Conkling 
(New York, 1889), p. 279. 

* New York Tribune^ Oct. 24, 1866. Public men from other states 
gave considerable aid to the Radicals. Of these, the most notable was 
General Carl Schurz, who bitterly arraigned the President at a large 
meeting in Brooklyn. 

'Alfred R. Conkling, Life and Letters of Roscoe Conkling, (a), p. 273; 
(b), p. 278. Two extracts from Conkling's speech at Mechanics' Hall, 
Utica, Sept. 13, 1866, may furnish some insight into his power. When 
commenting on the investigation of the Congressional Reconstruction 
Committee, he said: " It prepared us to find that nowhere in the South 
was the Fourth of July celebrated except by negroes. It prevented our 
being much surprised when women and children were shot down for 
stfev/ing flowers upon soldier's graves. This happened in South Caro- 
lina, and James L. Orr says South Carolina is perfectly loyal; but then 
these women and children were black and the tenants of those graves, 



129] '^^^ CAMPAIGN OF 1866 1 29 

For the Democrats, Mayor Hoffman toured the State. 
Though not an orator, he had a manner which pleased, 
and he discussed constitutional ' principles in good legal 
fashion. Hoffman had worked his way up through 
New York City politics, and as mayor of New York 
had made a record which suited Tammany. At the 
time of his nomination his record had been spoken of 
as clean by the Times.^ Nevertheless, Hoffman did 
not escape the stinging criticism of Horace Greeley who, 
charging him with disloyalty, strongly intimated that he 
had been a Copperhead. ^ While no open charge of dis- 
honesty was made against him, he was accused by the 
Tribune of being " the pet, the nominee, the figure-head, 
of the ' Ring ' which so flagrantly misrules and plunders 
our city.""* In confirmation of these attacks, speaking of 
Hoffman's administration as mayor, Gustavus Myers has 
written: "There is little to say of Hoffman's administra- 
tion. Frauds and thefts of every description continued 
as before, though it is not possible to connect his name 
with any of them."'* The Argus constituted itself a 
special agent to reply to Greeley's attacks, ^ but its 
counter charges of fraud and usurpation failed to silence 
the Radical press. 

though white, died for the Union, and they had no epitaph except the 
word ' Unknown.' " (a) In an endearing reference to the President, 
he said: " Not satisfied with conniving at the robbery and murder of 
the Unionists, and the exaltation and reward of traitors at the South, 
he comes to buffet and slander the Union people of the North and to 
blacken the memory of their dead." (b) 

'Syracuse Daily Courier and Union, Oct. 11, 13, 15, 1866; Rhodes, 
vol. vi, p. 401; Alexander, A Political History of the State of New 
York (New York, 1909), vol. iii, p. 164. 

^ New York Times, Sept. 13, 1866; also cf. supra, p. io6, footnote 3. 

'New York Tribune, Nov. i, 1866. 

* Gustavus Myers, The History of Tammany Hall, p. 249. 

'Albany Argus, Oct. 5, 1866; Oct. 15, 1866; Oct. 16, 1866. 



130 POLITICAL HISTORY OF NEW YORK STATE [130 

During the campaign in the central and western coun- 
ties of the State all was far from peaceful within the 
Republican ranks. In Monroe County a permanent feud 
had arisen. Roswell Hart, the Radical Congressman 
from the twenty-eighth district, had been opposed for 
renomination by a strong opposition candidate, Lewis 
Selye by name. Both sides had held separate nominating 
conventions and both candidates had accepted. This 
led to a very bitter local campaign, in which charges and 
countercharges of bribery and fraud were common.' 
Mr. Selye won the election,^ Further, family quarrels 
broke out in the Oswego and Cortland County Congres- 
sional districts, to which the Democratic organs pointed 
as an example of the vaunted harmony among the Re- 
publicans of the State. 3 Among the State Democrats, 
Thurlow Weed was given a scant welcome into Democ- 
racy. He was constantly watched for evidence of a lack 
of faith. The Syracuse Daily Courier and Union was 
openly hostile to him. " Mr. Weed, in the garb of a 
friend, and while professing alliance with the Democratic 
party, is seeking its ruin. . . . He still labors, as he has 
always labored, to distinguish and divide Democrats as 
loyal or disloyal during the war."* 

'Buffalo Daily Courier, Sept. 6, 1866. 

''Rochester Daily Democrat, Nov. 8, 1866. 

^Albany Argus, Oct. 5, 1866. 

■•Utica Morning Herald, Sept. 21, 1866; Syracuse Daily Courier and 
Union, Oct. 12, 1866; Syracuse Daily Standard, Oct. 11, 1866. On 
the occasion of Weed's letter explaining why he did not follow the 
Times back into the Union party the Daily Standard had this to say: 
" Everything has conspired of late to make him fainthearted. The 
Unionists have denied him leadership, the Democrats will have none of 
his counsels. • The mission of political trimmers is gone in these 
earnest times and Weed who was never anything but a political trim- 
mer, sighs as he sees his vocation depart. Honest statesmanship is 
what the country needs and Weed, who deals in political drugs has none 



131] THE CAMPAIGN OF 1866 I^I 

Syracuse was again the center of the up-State cam- 
paign, especially for the Democrats. George F. Com- 
stock, of Syracuse, ex-Chief Justice of the Court of 
Appeals, proved to be a powerful factor for the Demo- 
crats in the central portion of the State. His arguments 
were directed against the constitutionality of the Radical 
reconstruction acts.' Pruyn also supplemented Hoffman' 
and Comstock in the central and western portions of the 
State. But the conservative influence of Pruyn was neu- 
tralized by his association with Hoffman. ^ The forceful 
addresses of John Van Buren, which had delighted Dem- 
ocratic audiences of the previous campaign, were missed. 
" Prince John," as his friends had called him, died on 
October 14, 1866, while returning from Europe, where 
he had gone for his health. His death removed from the 
field one of the younger Democratic progressives and 
made the way easier for Seymour to achieve the Demo- 
cratic nomination in 1868.'* 

The principal speakers up-State for the Republicans 
were Roscoe Conkling, Generals Barlow, Cochrane and 

of the essence of statesmanship on hand. His friends are in a bad 

way. Andrew Johnson, whom he nominated at Baltimo'^e, has been 
' swinging round the cirkle.' • His friend Raymond has been ex- 

ecuting ttie most miraculous feats of 'ground and lofty tumbling' ever 
exhibited and has finally made a somersault in which he has 

landed far from his mentor and guide, who vainly beckons the graceful 
acrobat his way." 

'Syracuse Daily Courier end Unicn, Oct. 17, 20, 1866. 

^HoflFman in all of his addresses discarded the name Democrat and 
spoke of himself as a National Unionist. 

■'Binghamton Daily Republican, Oct. 24. t866. 

* Syracuse Daily Courier atid Unicn, Oct. 17, 1866. John Van 
Buren, second son of ex-Prerident Martin Van Buren, was an attache 
to the legation at London, while his father was Minister to England in 
1831-2. John was tw.^nty-one at the time and had a flirtation with 
Queen Victoria, then a princess. It was this instance that gave him 
his sobriquet, '' Prince John." 



]32 POLITICAL HISTORY OF NEW YORK STATE [132 

Woodford. Their arguments in the main were aimed to 
prove that the Radical Congress was acting within its 
constitutional rights in advocating the Congressional 
plan.' The President was made the scapegoat of every 
Radical Republican orator. "All that his former ene- 
mies have counseled him to do he has done, or means to 
do, if possible,"^ was the Radical wail. In connection 
with the constitutional arguments pro and con, the 
Republican journals began the agitation in favor of call- 
ing a State Constitutional Convention the following year 
to discuss and propose changes in keeping with the 
national questions. ^ 

September elections in Maine and Vermont '^ gave the 
Republicans large majorities. The Democrats had at- 
tempted to explain away the September Republican suc- 
cesses on the ground that these States were away from 
the beaten track, and that in Maine the popularity of 
General Chamberlain had materially influenced the elec- 
tion. s But when the October election results were 
announced and it was found that Pennsylvania, Ohio, 
Indiana and lowa^ had gone Republican, the Democratic 
explanations were not so profuse. 

The remainder of the Northern States, holding elec- 
tions in November, returned the same indication of 
public will. In New York State, ^ with a total vote for 

'Albany Evening Journal, Sept. 25-27, 1866; Oct. 15, 1866; Bing- 
hamton Daily Reptiblican, Oct. 20, 1866; Rochester Daily Democrat, 
Oct. 16, 31, 1866. 

' Utica Morning Herald, Oct. 27, i?66; Syracuse Daily Journal, 
Oct. TO, 1866. 

^\]iiQ.2i Morning Herald, Oct. 3, 1866. 

* Tribune Almanac, 1847, pp. 49-50. 

* Buffalo Daily Courier, Sept. 14, 1866. 
^Tribune Almanac, 1867, pp. 58, 60, 61, 62. 
''Ibid., p. 51. 



133] THE CAMPAIGN OF 1866 j ^3 

Governor of 719,195,' Governor Fenton received a 13,789 
majority over Hoffman. General Stewart L. Woodford, 
for lieutenant-governor, increased his majority over 
Robert H. Pruyn to 15,023. The remaining two Repub- 
lican candidates also increased their respective majorities.' 
The State campaign and election were largely over- 
shadowed by national questions. No matter of purely 
State policy was alluded to in the Syracuse platform. 
In the northern, central and western parts of the State,^ 
the proposition that eclipsed all other issues was the 
great national question of the constitutional amendment. 
The results in New York City and the returns through- 
out the State in opposition to the City were extraordi- 
nary. Hoffman's majority of 46,000 in the City, ex- 
ceeded by 9,000 the Presidential majority of General 
McClellan. Over against this Democratic gain in the 
City, Fenton made sufficient gains upon his vote of 1864 

' Included 354 scattering. 

* Canal Commissioner, Republican, Stephen T. Hoyt, 15,551 majority 
over National Unionist (Dem.), Wm. W. Wright; State Prison In- 
spector, Republican, John Hammond, 16,273 majority over National 
Unionist (Dem.), F. B. Gallagher. 

* Allowing for natural bias the Times gave an approximate prediction 
as to the political situation in New York City, when it said (New York 
Times, Nov. 6, 1866): " The vote in the City to-day will be cast with- 
out much reference to broad national issues. The opponents of the 
Police Commissioner; the advocates of unrestricted liquor dealing; those 
who would revive the old Fire Department and abolish the new; the 
Anti-Sabbatarians and the bulk of those who claim the privilege of in- 
stant naturalization on landing here; will do as they have generally 
done — press forward and record as many votes as they can for the Dem- 
ocratic candidates. On the other side a great majority of the steady 
advocates of municipal reform who believe that our Police system works 
well and advantageously for all classes; who do not believe in the re- 
vival of the old Fire Department, or the old Police Department, but 
who do believe in the Health Commissioner and a stringent Excise 
Law — will record a steady, solid vote for Governor Fenton and gener- 
ally for the Republican party." 



134 POLITICAL HISTORY OF NEW YORK STATE [134 

up-State, to defeat the " unterrified " in their metro- 
poHtan strongholds.' 

The Democratic majorities in New York City may be 
readily accounted for. The obnoxious legislation at 
Albany passed during the previous winter by a Radical 
Republican legislature against the liquor interests was 
an incentive for that element to present a solid front for 
Hofifman. In addition, there were such powerful com- 
binations as the " Ring," the Custom House and the 
Post Of^ce, all of which opposed the movement for a 
further check and balance system in municipal affairs. 
The Federal institutions in New York exerted a strong 
influence in favor of the Democrats through Johnson's use 
of the spoils system. 

Although an unusually large crowd gathered in Print- 
ing House Square to learn the returns, election day in 
New York City passed off in comparative quiet. ^ The 
local elections for New York County excited little com- 
ment. The chief of^ces filled were those of register, 
surrogate, recorder and coroner. Tammany Hall and 
Mozart HalP united in a temporary armistice in order 

' New York Herald, Nov. 7, 1866. 

* New York Tribune, Nov. 9, 1866. 

'New York Herald, Nov. 7, 1866. Gustavus Myers, The History of 
Tammany Hall, passim. New York Times, Nov. 7, 1866. The fact 
that the Registry Law was in force at this election, had an undoubted 
tendency tc decrease the amount of fraud at the polls, (i) However, 
the papers mentioned a number of arrests for illegal voting, sufficiently 
suggestive to give ample ground for a belief as to the existence of great 
corruption in the use of the franchise. (2) From the up-State reports, 
moreover, it would appear that not all the fraud had been committed in 
New York City. The Times made the following comment Nov. 14, 
1866: " From Rensselaer, Columbia, Saratoga and Albany counties the 
universal statement is that money flowed like water . . . Electors marched 
up to the polls under the convoy of some well known ward politician, 
who placed tickets in their hands as they reached the ballot boxes, and 
after depositing their votes took out his pocketbook and paid them . . . 



135] THE CAMPAIGN OF 1866 I^^ 

to secure the election. As a result of the severe excise 
laws they were aided in their efforts by the unrest 
among the liquor interests, wholesale and retail, espe- 
cially the German element. To defeat this coalition, 
Republicans united with the War Democrats to form an 
anti-ring county ticket. General Charles G. Halpine, 
a genuine War Democrat,' was elected register. His 
majority over Mr. McCool, the Tammany and Mozart 
Hall candidate, was 19,091.^ However, Gideon T. Tucker, 
for surrogate; John K. Hackett, for recorder; and Dr. 
Shirmer, for coroner, all Tammany and Mozart Hall 
candidates, were elected over their anti-ring opponents. ^ 
The Republicans and Democrats elected respectively, 
General Alexander Shaler and G. M. Herman as super- 
visors. The overshadowing influence of the State con- 
test no doubt detracted from the endeavor to oust the 
Ring candidates. All of the Democratic candidates for 
Congress from New York City were elected, which was 
a gain of three.* The Fourth Congressional district in 

before hundreds of people, without even the mock decency of retiring to 
one side." The Tribune after the election, under the caption "Lib- 
erty and Lager," attempted to prove that the German vote had not 
gone against the Radicals. New York Tribune, Nov. 9, 1866. 

' Gen. Halpine had served throughout the Rebellion as a War Demo- 
crat. He achieved considerable fame through his writings under the 
pseudonym of '' Private Miles O'Reilly," which did much to popularize 
the Union cause with his countrymen by birth. 

'Register, Halpine, 63,552. McCool, 44,461. New York Tribune, 
Nov. 8, 1866. 

■■ Surrogate. 
Anti-Ring. Tammany & Mozart. 

Smith 47,459 Tucker 60,879 

Recorder. 

Sedgwick 47,412 Hackett 61,129 

Coroner. 

Nauman 27,030 Schirmer 72,575 

*New York World, Nov. 7, 1866. 



136 POLITICAL HISTORY OF NEW YORK STATE [136 

New York City gave Horace Greeley a sharp rebuke for 
his arraignment of the Ring by sending John Fox, his 
Democratic opponent, to Congress with a 9,988 majority/ 
But in spite of this Greeley rejoiced, " We can beat the 
Ring ! The defeat of Hoffman went far to insure this, 
but the magnificent success of General Halpine renders 
it a certainty."^ 

The Radical majority in Congress remained in the 
ascendant, assuring the defeat of Johnsonian doctrines. 
The Congressional districts in the State maintained 
their Radical majority, to which was added a gain of 
three in New York City, of one in Brooklyn and a simi- 
lar advance in the Monroe District. ^ Nev»? York was 
represented in Congress by twenty Radicals and eleven 
Democrats.** 

" New York Tribune, Nov. 8, 1866. Greeley, 3,607; Fox, 13,595. 

Ubid. 

•'Second Session, Thirty-ninth Congress. 

Senate. House of Representatives . 

Radicals 42 145 

Democrats and Conservatives 10 47 

--Tribune Alinatiac, 1867, p. 2 et seq. 
*Mr. James Brooks's return to Congress by the Democrats of the 
Eighth District, was made notable by his defeat of Mrs. Elizabeth Cady 
Stanton, the first woman to aspire to a seat in Congress upon a straight 
Woman Suffrage ticket. The New York delegation in the next Con- 
gress was: 

1st District— Taber, Democrat. 
2d " Barnes, Democrat. 

3d " Robinson, Conservative. Democratic gain. 

4th " • Fox, Democrat. 
5th " Morrisey, Democrat. 

6th " Stewart, Conservative. Democratic gain. 

7th " Chandler, Democrat. 

8th " Brooks, Democrat. 

Qth " Wood, Democrat. Democratic gain, 

loth " Robertson, Radical. Radical gain, 

lith " Van Wyck, Radical. Radical gain. 



137] THE CAMPAIGN OF 1866 i^^ 

The election left the New York State senate un- 
changed, with the exception of the twenty-seventh dis- 
trict, where the vacancy caused by the resignation of 
Canal Commissioner Hoyt was filled by John J. Wicks. 
This gave the senate twenty-six Republicans to six 
Democrats. In the assembly eighty-four Republicans 
were elected to forty-four Democrats, thus giving the 
Republicans a majority of sixty on a joint ballot. As 
will be shown, the election of a Republican United 
States Senator to succeed Senator Harris was assured. 

With no escape from two years more of Republican 
administration the World ^ consoled the Democratic 
masses of the State, especially those of New York City, 
on the splendid fight they had made "for the true Union 
cause." But, while it made a plea for fair play,"" it could 



I2th District — Ketchum, Radical. 


13th 




Cornell, Radical. Radical gain. 


14th 




Pruyn, Democrat. 


15th 




Griswold, Radical. 


i6th 




Ferris, Radical. 


17th 




Hubbard, Radical. 


i8th 




Marvin. Radical. 


19th 




Fields, Radical. 


20th 




Laflin, Radical. 


2ISt 




Conkling, Radical. 


22d 




Churchill, Radical. 


23d 




McCarthy, Radical. 


24th 




Pomeroy, Radical. 


25th 




Kelsey, Radical. 


26th 




Lincoln, Radical. 


27th 




Ward, Radical. 


28th 




Selye, Radical. 


29th 




Van Horn, Radical. 


30th 




Humphrey, Democrat. 


31st 




Van Arnam, Radical. 

— New York Tribune, Nov. g, 1866. 


' New 


York 


World, Nov. 7, 1866. 


•' New 


York 


World, Nov. 8, 1866. "By means of registry laws, ex 



138 POLITICAL HISTORY OF NEW YORK STATE [138 

not resist the threat that " if there is to be peace between 
us, let the Albany legislators try an entirely different 
policy."' James Gordon Bennett reminded the public 
that he had predicted the election of Governor Fenton, 
because of the principle for which the latter stood, 
" Governor Fenton is elected by a vote just large enough 
to express the State's endorsement of that policy, and 
just small enough to show that it is on that issue alone, 
despite his own weakness and imbecility, that he has 
been successful." " 

The leading Republican organs were a unit against the 
imputation of the World that '' The recent elections have 
been carried by the Radicals on false pretences," as 
" deceitful maneuvers preliminary to the Presidential elec- 
tion " through which they may say "whether the South- 
ern electoral votes shall be counted." ^ The self-evident 
moral of the election for the Southerners, seen through 
RepubHcan eyes, was to submit to the inevitable and 
ratify the amendment. "♦ 

The comments of the State journals were various. 

cise laws and commissioners depriving us of local freedom, they hoped 
to swell the Radical vote, but it has had a directly opposite effect. Why 
not try another course? Treat us fairly, deal justly by us, and perhaps 
this widening chasm between the city and State may be bridged. 
Things cannot go along as at present. The city will not consent — can- 
not consent to this perpetual tyranny of the rural districts." 

^Ibid., Nov. 8, 1866. 

'New York Herald, Nov. 8, 1866. Bennett neutralized his influence 
with the Radicals and Conservative Republicans by denouncing the 
excise. The World (a) and the Herald (b) had an amusing post- 
election clash; the former taunted the latter with failure to exert any 
influence upon the election, which was hotly denied, (a) New York 
World, Nov. 7, 1866. (b) New York Herald, Nov. 8, 1866. 

"New York World, Nov. 8, 1866. 

*New York Herald, Nov. 8, 1866: New York Tribune, Nov. 9, 1866: 
New York Times, Nov. 9, 1866. 



139] THE CAMPAIGN OF 1866 I^g 

The Democratic or National Unionist organs found it 
difficult to adjust themselves to defeat. Mr. Cassidy 
of the Argus suggested that the mission of Democracy 
was to hasten the national cure by precipitating the 
crisis.' The Argus, with the Hudson Register, the New- 
burgh Press, the Troy Press and the Utica Daily Observer, 
devoted their editorial attention to showing that the Re- 
publicans had used large sums in the State and Con- 
gressional elections.^ These charges were rebutted by 
claims of heavy bribery in the Democratic districts and 
New York City. The Rochester Daily Democrat gave 
Messrs. Weed, Seward, Pruyn and Cassidy the credit for 
furnishing the major portion of the National Unionist 
funds. 3 The Syracuse Daily Courier and Union was the 
least depressed of all the Democratic journals. " We 
have met the enemy and we are truly theirs," read the 
graceful tribute; "Truth has once more been crushed to 
earth, but we have the proverbial assurance that it will 
yet rise again and prevail."'* 

The signal failure of the Democratic and Conservative 
coalition, under the guise of the National Unionist party, 
gave the Republican papers rich food for editorial reflec- 
tion. s "Loyalty must rule and traitors take back seats." ^ 
" Democracy has received an opportunity to unbosom 
itself. There is a chance for the display of its righteous 
indignation."'' "New York State and the country have 

'Albany Ar^us. Nov. 8. i866. Cf. Hudson Register, Nov. 7, 1866, 
et seq.; Newburgh Press, Nov. 7, 1866, et seq.; Troy Press, Nov. 7, 
1866, et sea. 

'Utica Daily Observer, Nov. 9, 1866. 

* Rochester Z^azVy Democrat, Nov. 8, 1866. 

* Syracuse Daily Courier and Union, Nov. 8, 1866. 

* Rochester Daily Democrat, Oct. 16, 1866; Nov. 8, 1866. 
•Binghamton Daily Republican, Nov. 10, 1866. 
'Syracuse Daily Standard, Nov. 7, 1866. 



I40 POLITICAL HISTORY OF NEW YORK STATE [140 

escaped from a dictator." ' " Mr. Johnson — take heed."* 
These sentences give the gist of the Republican senti- 
ment. At greater length the Buffalo Express declared 
that " the voice of the people has been overwhelmingly 
declared against Andrew^ Johnson, his ' policy,' his pet 
rebels, his ' pseudo-conservative ' ring of offtce-hunting 
politicians and the revarnished Democratic party to which 
he has returned as a dog to his vomit." 3 Carroll E. Smith 
confined his remarks chiefly to the election on the State : 
"The corrupt practices of the Common Council cham- 
bers of the metropolis will not be transferred to the 
larger sphere of the legislative halls at Albany." ■» The 
Albany Evening Journal confined its views to still nar- 
rower space. It advised the Conservatives and War 
Democrats of the metropolis that they still had some 
cause for thanksgiving that the " intelligence and patriot- 
ism of the rural districts " had saved the State from the 
social vandals." ' 

The New York City Charter Election of 1866 

The State elections were hardly a matter of history 
before the local politicians of New York City began to 
prepare for the City Charter election, which was held 
on December 4, 1866. The leading office was that of 
comptroller of the City; in all there was a total of ninety- 
two offices to be filled.^ The number of candidates for 

^ Utica Morning Herald, Nov. 8, 1866. 

" Ogdensburg Daily Jour7ial, Nov. 7, 1866. 

^ Buffalo Express, Nov. 9, 1866. 

* Syracuse Daily Journal, Nov. 7, 1866. 

'' AXhzny Evenifig Journal , Nov. 8, 1866. 

*Nine aldermen, an entire board of councilmen, twenty-four in num- 
ber, seven school inspectors, and two school trustees in each ward, 
forty four in all. 



141 ] THE CAMPAIGN OF 1866 I4I 

office created considerable interest in each ward, but on 
the whole the campaign proved dull. The chief interest 
centered in the office of comptroller. Matthew T. Bren- 
nan, the incumbent, despite great pressure brought by 
the Ring, refused to accept a renomination.' Brennan 
had been vigorously assailed by the Republican organs' 
and the Citizens' Association for malfeasance in office. 
Charges of criminal misappropriation of funds had been 
brought against him, to investigate which Governor 
Fenton appointed a commission. Comptroller Brennan 
denied these charges ^ in a long letter of justification, and 
brought charges of corrupt practices against the "young 
lawyers"* in charge of the Citizens' Association. 

Although Greeley had demanded a Democrat for the 
anti-ring candidate, ^ the Republican party selected Judge 
Richard Kelly, a man of integrity and independent ten- 
dencies.* Tammany and Mozart Hall chose a loyal son 

'New York World, Nov. 17, 1866. The most flagrant charge against 
him was the presentation, without authority of law, of $50, ceo from, the 
Treasury as a "testimonial " to Orison Blunt for his " patriotic services 
in having the quota of soldiers due from the city, in that dark hour of 
our country's peril, reduced nearly one-half." New York Tribtive, 
Nov. 28, 1866. 

''New York Tribune, Nov. 28, 1866. 

* Brennan claimed that his innocence had been proven beyond doubt 
in the case brought against Corporation Counsel Develin. 

*New York World, Nov. 20, 1866. 
^New York Tribune, Nov. 12, 1866. 

* Bennett in his issue of Dec. 2, 1866, ridicules Greeley for his former 
and present opinion of the character of the Republican candidate. The 
Herald took little interest in the campaign (New York Herald, Dec. 
2, 1866) because Bennett thought the candidates were all equally bad. 

Greeley threw himself open to further ridicule, later, by his high 
recommendation of George G. Barnard as a possible candidate. 

The Times spoke of Kelly as a man "of energy and good adminis- 
trative ability." Mr. Kelly had held the office of police justice for 
several years. In 1863 he was re-elected in a district usually giving 
about a 4000 Democratic majority. 



142 POLITICAL HISTORY OF NEW YORK STATE [142 

in Richard B. Connolly," of whom we shall hear more. 
The other Democratic organizations were divided be- 
tween Richard B. Connolly and Police Justice Michael 
Connolly,'' the irregular Democratic candidate. The Citi- 
zens' Association put up no regular candidate. Except 
the Tribune, the Republican papers in the City took little 
interest in the affairs of the campaign. ^ The campaign 
was carried on at small ward meetings. The main de- 
mand from the Radicals, Conservatives and Independent 
Democrats was for an honest administration of the City's 
finances, while the Democrats hurled back the charges 
of dishonesty. 

Public interest on election day was unusually slight. 
This fact is shown by the total vote for comptroller, 
which numbered only 71,595.'* This was a trifie over half 
the total vote polled for the Governor one month pre- 
vious. The Tammany candidate, Richard B. Connolly, 
as most expected, was elected. His majority over Rich- 
ard Kelly, the Republican candidate, was 2,066. ^ The 
reason assigned for the low Democratic vote was that 
the impression prevailed among them that the Albany 
legislature intended to nullify the result of the election 
by a complete reorganization^ of the financial department 
of New York City. Among the better class of citizens 

' New York Times, Dec. 2. 1866. Richard B. Connolly had held the 
office of county clerk for two terms and had been twice elected to the 
State senate. He was regarded by his associates as a "good-fellow" 
but uncertain. 

'New York Times, Dec. 3, 1866. 

' New York Tribune, Dec. 5, 1866. 

*New York Tribune, Dec. 5, 1866. 

^Ibid. The Tribune, Nov. 12, 1866, said of him: "He is a man of 
decided shrewdness and energy, widely popular, and a determined foe 
to the corruptionists." 

"New York World, Dec. 5, 1866. 



J 43 J THE CAMPAIGN OF 1866 1 43 

of all parties the sentiment appeared current that it mat- 
tered little what men filled the City offices — that whatever 
was the political complexion of the office-holder, they 
were all involved in a system of public plunder.' 

Apropos of the City elections the World complacently 
remarked, " Our citizens are sure of an able, honest and 
economical administration of the Comptrollership." ^ 
Greeley assured himself that " The lesson of defeat, if 
well studied, may be applied at some future time to a 
contest in earnest and a victory therefore assured." ^ 
Of the nine aldermen elected, three were Republicans 
and the rest Democrats. Although in a hopeless mi- 
nority, Don Alonzo Cushman, a wealthy and respected 
merchant, with William B. White and Eugene Ward, both 
prominent anti-fraud men, gave the Board of Aldermen 
" an element of intelligence to which it has been almost 
a stranger,"* 

' New York Times, Dec. 3, 1866. 

•^ New York World, Dec. 5, i8£6. 

•'' New York Tribune, Dec. 5, i836. ^ Ibid. 



CHAPTER VI 
The Senatorial Election of 1867. . 

The Chicago Times ^ of November 12, 1866, asks the 
question: "Shall the Democratic Party Die or Live?',' 
Subsequent events have proved that there was never a ques- 
tion of the permanent disruption of the Democratic Party. 
But. to the Democrats throughout the nation, and especially 
in New York State, the question as to their solidity was a 
serious one, as it has been at later times. 

The fact that a Republican legislature had been returned, 
immediately centered public eyes upon the campaign for a 
successor to Ira Harris in the United States Senate. The 
political pot among the various factions of the Republican 
Party was soon boiling. The field narrowed down to six 
contestants. The editor of the Tribtme, ever a candidate 
for office.^ was among the first to announce his candidacy. 
In the Newburg Journal one finds a letter from Horace 
Greeley dated November 14, 1866, in which he says: "I 
shall certainly accept the Senatorship, and endeavor to dis- 
charge its duties should I be elected. And I shall be grati- 
fied to learn that our newly chosen Legislature shall judge 
me the man for the place." ' 

Foremost among the Republican candidates was Charles 

' Quoted in New York Times, Nov. 15, 1866. 

- He had just been badly defeated for Congress in the Fourth dis- 
trict by Mr. John Fox. However, it is no more than fair to Greeley 
to state that he did not expect an election, nor did anyone else, for 
the district was overwhelmingly Democratic. 

* Newburg Journal, Nov. 15, 1866. Dated from the office of the 
Tribune, on Nov. 14, 1867. 

144 [144 



1^3] '^'^^^ SENATORIAL ELECTION OF 1867 ^^^ 

]. Folger formerly a county judge and at that time the 
president and leader of the State Senate where he had 
served for a number of years. Folger " was an excellent 
lawyer, and impressive speaker, earnestly devoted to the 
proper discharge of his duties, and of extraordinarily fine 
personal appearance. . . . He was greatly beloved and ad- 
mired, yet, with all his fine and attractive qualities, modest, 
and even diffident, to a fault." ^ 

Senator Ira Harris was graduated from Union College 
with first honors in 1824. He was elected to the State 
legislature in 1844 'ind w^as a member of the constitutional 
convention in 1846. In the fall of 1846, he was sent to 
the New York Senate, but in the spring resigned his place 
for a seat on the bench of the State Supreme Court. He 
was re-elected for eight years in 185 1. Beating such worthy 
competitors as William M. Evarts and Horace Greeley, he 
was elected to the United States Senate for New York in 
1 86 1, where he became a close personal friend of President 
Lincoln. While his service in the United States Senate 
was not conspicuous, he was noted for his industry.'^ 

Roscoe Conkling grew up in an atmosphere of law and 
politics.^ He had great mental capacity but small desire for 

^ S. R. Harlow, S. C. Hutchins, Life Sketches of State Officers. 
Senators and Assemblymen of New York in 1868. pp. 81-4. Folger 
later became Chief Justice of the Court of Appeals and Secretary of 
the Treasury under President Arthur. 

' History of the Bench and Bar New York, (New York, 1897), vol. 
i, P- 354- The World, after appreciating Senator Harris for the in- 
tegrity of his private character and upright citizenship, says : " But he 
has little energy either of mind or character, no breadth, no capacity 
for leadership, no strong grasp of any great subject, nor even any 
of that stirring, inquisitive activity by which mediocre talents are 
sometimes enabled to act a prominent, though not a great part in 
public transactions." New York IVorld. Jan. 10, 1867. 

' Alfred R. Conkling, Life and Letters of Roscoe Conkling, pp. 7-12. 
Conkling's father had been United States District Judge for twenty- 
seven years. 



146 POLITICAL HISTORY OF NEW YORK STATE [145 

the academic halls. His desire for college was ever topped 
by an anxiety for real endeavor. He followed his father's 
profession, and was admitted to the bar before he was quite 
twenty-one.^ Shortly after he was appointed to fill a 
vacancy in the office of district attorney of Oneida County, 
and was renominated as his own successor in the fall. 
Under protest his friends nominated and elected him mayor 
of Utica in 1858. The following autumn, without solicita- 
tions on his part, he was offered the nomination for Con- 
gress. He was renominated four times for the same posi- 
tion, twice successfully." 

Noah Davis, after his admission to the bar in 1841. 
formed a partnership with Sanford E. Church at Albion, 
New York. In 1857 he was appointed by Governor King 
to the Supreme Court of New York, an office to which he 
was twice re-elected." While the World accredited him 
with being a "jurist of more than ordinary ability", still it 
prejudiced his cause by urging that he was " a Judge who, 
while in office, with all before him of theory and example 
to advise to the contrary, has attended political conven- 
tions and has been active as a politician." * 

Lyman Tremaine had held local offices and in 1847 was 
elected county judge but refused the certificate of election 
because of fraud in the voting. In 1857 he was elected 
attorney-general on the Democratic ticket. Joining the 
Unionist ranks at the outbreak of the Civil War, he was 
nominated by them for lieutenant-governor in 1862, and 
was elected to the Assembly in 1865. The conviction of 

1 Alfred R. Conkling, op. cit., p. 644. 

* Ibid., pp. 644-5. The World, Jan. 9, 1867, placed Roscoe Conkling 
and Charles J. Folger in an intellectvial class beyond all others named 
in the Senatorial race. 

'The National Cyclopaedia of American Biography, vol. i, p. 236. 

* New York World. Jan. 9, 1867. 



147] -^^^ SENATORIAL ELECTION OF 1867 j^y 

Tweed was largely due to his ability as a lawyer/ When 
Mr. Tremaine withdrew from the Senatorial race he gave 
Conkling his support.^ 

A seventh candidate was suggested by a number of 
papers — George William Curtis, editor of Putnam's Maga- 
zine and of Harper's Weekly. Curtis was a distinguished 
student and litterateur. As a delegate to the national con- 
ventions of i860 and 1864, he had been in active connection 
with national movements in politics. In the latter year he 
had failed of an election to Congress upon the Union ticket. 
Although expecting defeat, he had used his candidacy in 
1864 to strengthen Lincoln.^ In the election of 1866, he 
was chosen as a delegate-at-large to the New York State 
Constitutional Convention. 

The above gentlemen formed the nucleus for one of the 
most intense and interesting Senatorial campaigns in the 
history of our State. It should be stated in passing that 
the candidacies of Supreme Court Justice Ransom Balcom, 
of Binghamton ; Mr. Calvin T. Hulburd,* of St. Lawrence 
County, a politician of some local note; and Mr. Thomas 
G. Alvord,^ the Onondaga Chief, were not seriously consid- 
ered outside of a few respective friends. The suggested 
services and abilities of the several candidates were suffi- 
cient to insure a contest worthy of the name. It was the 
death grapple between the old and the new elements in the 
Republican Party. 

Mr. Greeley's early position of vantage in the Senatorial 

^ The National Cyclopaedia of American Biography, op. jcit., pp. 236, 
et seq. 
» New York Herald, Jan. 8, 1867. 

* Cary, George William Curtis (New York, 1894), pp. 183-5. 

* New York World, Jan. 5, 1867. 

" The New York Herald, Jan. 10, 1867, mentions that Alvord is still 
in the fight with ten or twelve votes pledged. 



148 POLITICAL HISTORY OF NEW YORK STATE [148 

fight was blasted by his candid statement to the effect that 
he desired general amnesty.^ The revengeful class among 
the Radicals at once dropped his candidacy from any con- 
sideration which they may have given to it. George Wil- 
liam Curtis, foreseeing the result, " declined absolutely '" ^ 
to enter into a combination with Davis to beat Conkling. 
Before the caucus, Curtis withdrew his name in favor of 
Conkling. Realizing the futility of his own candidacy, 
Charles J. Folger, also, withdrew, preferring to preside 
over the caucus, so that the duty of seconding Conkling's 
nomination was placed with Andrew D. White.^ 

The belief among those not interested in any of the can- 
didates veered towards the opinion that nothing short of 
the unexpected could throw the election to Judge Harris 
for the second time. The friends of Senator Harris took 
a much bolder and more active course in this campaign 
than when he was chosen in 1861.* For obvious reasons it 
was foreseen that if Harris was not chosen on the first 
ballot, his supporters would gradually melt away. This 
was what happened. 

Between Davis and Conkling the odds, to use sporting 
parlance, were slightly in Davis' favor without any appar- 
ent reason. Although the personal qualities of Judge Davis 
were high and universally admitted, still at that time he had 
none of those claims founded upon sacrifice and long ser- 

* New York Sun, Jan. 11, 1867. 

'Cary, op. cit., p. 193. 

^Autobiography of Andrew D. White, vol. i, p. 135. 

■tNew York World, Jan. 9, 1867. The World put it: "Then [1861] 
his friends, with great sagacity, meekly stood aside, tendering their 
kindest regards to both Messrs. Evarts and Greeley, admiring their 
strength of wind and muscle, praising the dexterity with which they 
pounded each other, and suggested their own camp as a quiet and 
pleasant resting place "... 



149] '^^^ SENATORIAL ELECTION OF 1867 j^g 

vice for the common cause/ However, Davis had the 
speaker of the Assembly on his side." It was claimed that 
the commitee which handled the nomination was so con- 
structed as to lend additional strength to Davis." The quiet 
air of confidence assumed by the friends of Davis soon 
wore ofT, for Roscoe Conkling, who had been proposed for 
the vacancy by the press of the State during the previous 
December/ proved to have the support of the younger and 
more progressive element in the party. 

The attitude of Governor Fenton in the campaign was 
one which puzzled many. It was a natural inference, ad- 
vanced by practically all, that he wished the nomination of 
a candidate from the east — thus to prepare the way for 
himself two years later in the west. In reality he was 
forced to favor Davis of the west in order to thwart the 
rise of Conkling. Mr. Conkling made a serious error, at 
first, in his canvass. He believed that the apparent sup- 
port of Davis by Fenton was only a blind, and that Fenton 
really favored Senator Harris. Hence, the Conkling can- 
vass was conducted on a basis of Conkling versus Harris. 
It was not long, however, before some of Conkling's friends 
discovered their mistake. Conkling refused to believe it 
until the caucus was on. It was claimed after the election 
that five or six Senators, with an equal number of Assem- 
blymen, cast their votes with the purpose of punishing the 
Governor, a thing they would not have done under other 
circumstances.'"' " The fact of the matter is, the real contest 

^ The Democratic estimate of Judge Davis was meant to be all in- 
clusive. What his qualifications were the World could not describe, 
" the political microscope being an instrument with which we seldom 
have time to amuse ourselves." New York World, Jan. lo, 1867. 

' New York Times, Jan. 12, 1867. ' Ibid. 

* Alfred R. Conkling, Life and Letters of Roscoe Conkling, p. 285. 

* New York World, Jan. 12, 1867. 



I go POLITICAL HISTORY OF NEW YORK STATE [150 

was not Conkling and Davis, but Fenton and anti- 
Fen ton." ' Governor Fenton realized that the success of 
Conkhng would be a death-blow to his own political future. 
Although the Governor and his friends preferred Senator 
Harris as more amenable to discipline, still they threw 
their interests on the side of Judge Davis in the hope of 
breaking the Conkling combination. It was not until 
Conkling's friends came to a full realization of this in the 
caucus, that sufficient headway was made to secure success. 

Another factor in the canvass was the enmity engen- 
dered among the friends of ex-Lieutenant-Governor Al- 
vord and Mr. Bruce against Fenton, to whom they ascribed 
the defeat of x\lvord and Bruce for renomination at Syra- 
cuse.^ They wished to have revenge on Fenton. 

Crowded galleries greeted the caucus when it assembled 
at seven o'clock on the evening of January loth. Senator 
Low called the assemblage to order and nominated Senator 
Charles F. Folger as chairman. The roll call found every 
member present with the exception of one Senator.^ It had 
been arranged for Ellis Roberts,* an able editor from 
Conkling's Assembly district, to present the latter's name. 
In his speech Mr. Roberts argued that " the great State of 
New York, which had been so long silent in the highest 
councils of the Nation, demanded a voice ".^ The greatest 

1 New York World, Jan. T2, 1867. 

* It was an open question as to how long the Syracuse and Oneida 
interests could work together smoothly. 

* 108 members answered. Senator Parsons was confined to bed and 
allowed to vote by proxy. 

* Roberts had graduated from Yale with high honors. He threw 
the strength of his paper, the Utica Morning Herald, into the cam- 
paign with such ardor and ability, that he was able to line up most of 
the Republican up-State papers for Conkling. 

' Autobiography of Andrew D. White, vol. i, p. 135. 



I^i] THE SENATORIAL ELECTION OF 1867 j^j 

outburst of the evening occurred upon the mention of " a 
voice "/ Mr. R. L. Burrows, of Erie, then placed in 
nomination Judge Davis. This speech, too, w^as powerful, 
but it was noticeable that Mr. Burrows rested his claims 
for Davis upon the staunch Republicanism of the district 
from which Judge Davis came, rather than on the ground 
of past services such as had been pointed to in connection 
with Mr. Conkling. Mr. Burrows urged that during the 
whole history of New York there had never been a United 
States Senator chosen by any party from a portion of the 
State west of Cayuga Bridge." 

Mr. Smith, of Albany, placed Senator Harris in nomina- 
tion, praising him for his character and past services. 
Horace Greeley was nominated by Mr. Travis, who de- 
clared that the Republican Party owed more to Mr. Greeley 
than to any other living man. Mr. Travis also stated that 
he made the nomination without consulting Greeley, for 
the latter kept away from Albany believing that the office 
should seek the man and not the man the office.^' A friend 
nominated Judge Ransom Balcom. of Binghamton. 

The nominations having been completed, Mr. Parker, of 
Cayuga, at once moved for the informal ballot. Senator 
White and Assemblymen Tarbox and Shotts, acting as 
tellers, found Conkling in the lead with one vote. The 
Davis men looked jubilant over his strength. The sup- 

' As indicative of the general desire for "a voice" in the national 
councils we may quote a reply made by Ezra Cornell, founder of 
Cornell University, after a visit to Washington. " While at the Capitol 
I was ashamed of the State of New York: one great question after 
another came up : bills of the highest importance were presented and 
discussed by Senators from. Ohio, Vermont, Missouri, Indiana, Iowa 
and the rest : but from New York never a word." Autobiography of 
Andrew D. White, op. cit., p. 133. 

* New York Herald, Jan. 11, 1867. 

* New York Sun, Jan. 11, 1867. 



1^2 POLITICAL HISTORY OF NEW YORK STATE [1^2 

porters of Conkling and Harris scattered and vied with 
one another in canvassing for votes. In the midst of the 
confusion Mr. Travis withdrew the name of Horace 
Cireeley.^ A motion for a second informal ballot was 
changed by amendment to call for a formal vote. This 
move, forced by the Davis contingent, gave his supporters 
additional hope. On this vote Davis drew forty-one votes 
to thirty-nine for Conkling. It was evident that the friends 
of Senator Harris were wavering. By the next ballot the 
excitement had increased to fever heat. The situation be- 
tween Conkling and Davis shifted slightly in favor of the 
former by one ballot. On the next vote, big gains were 
made at the expense of Harris by both leaders. Conkling 
increasing his lead by two. Two votes only were needed 
to give Conkling the Senatorship. Every Harris man was 
at once surrounded by Conkling and Davis canvassers. 
The vote was thrown out, however, as some one, probably 
through design, deposited an extra ballot. Another and the 
hnal vote was taken which resulted in an election for 
Conkling." A popular demonstration was given to Senator- 
elect Conkling at the Delevan House immediately upon the 
adjournment of the caucus. He was carried through the 
corridors on the shoulders of his friends. Lyman Tre- 
maine voiced the general sentiment of those who crowded 
to congratulate Conkling when he said that the election 

' New York Tribune, Jan. 11, 1867. 

* New York Tribune, Jan. 11, 1867. 

Five ballots were taken as follows : 

I -' 3 4 5 

Conkling 33 39 45 53 59 

Davis 30 41 44 50 49 

Harris 32 24 18 6 

Balcom 7 4 2 

Greeley 6 

Folger I I 



jr^] THE SENATORIAL ELECTION OF 1867 i^^ 

" showed plainly that henceforth the young, vigorous, live 
men must rule. ... It was a triumph not of gold but of 
intellect, against age and mediocrity." ^ 

While the Republican caucus was sitting, a similar meet- 
ing was held in another part of the Capitol building. The 
Democratic caucus was small and unenthusiastic. The 
form of nominating a Democratic Senatorial candidate was 
followed out. Mr. William Williams, of Erie, was chair- 
man of the caucus. Mr. Henry C. Murphy, of Kings, was 
nominated by Mr. Jacobs of the same county. Mr. Deve- 
lin insisted, in spite of the desire to make the meeting 
strictly harmonious, on nominating A. Oakey Hall, of New 
York, to show him the regard of the New York City mem- 
bers. An informal ballot gave Murphy twenty-five votes to 
twenty-one for Hall. The latter's name was then with- 
drawn and the nomination of Mr. Murphy made unani- 
mous. A slight breeze was stirred up in the caucus over the 
question — what to do if the votes for Murphy were thrown 
out because he was at present a member of the State Sen- 
ate.^ This furnished a suitable vent for the feelings of a 
few strenuous members and then the question was with- 
drawn. Mr. Murphy appeared at once, and briefly but elo- 
quently thanked the caucus for the honor. ^ 

The Republican caucus elicited the usual rumors that 
large sums of money had been in evidence as an influence 
in the election. Yet we have Conkling's word to his wife 
that he had been elected honestly. 

^ New York Tribune, Jan. ii, 1867. 

• The Democrats were not to escape for this indiscretion. The 
Daily Democrat commented on the nomination of Mr. Murphy: "The 
Democrats have shown the hollowness of their regard for Constitu- 
tional restraints by voting for a candidate who as State Senator is 
confessedly ineligible and for whom all votes are void. They pre- 
tend to be the friends of the Constitution." Rochester Daily Democrat, 
Jan. 16, 1867. 

•New York Herald, Jan. 11, 1867. 



1^4 POLITICAL HISTORY OF NEW YORK STATE [i^^ 

Great sums of money ' are among- the influences here. I have 
resolutely put down my foot upon the ground that no friend 
of mine, even without my knowledg-e, shall pay a cent, upon 
any pretext nor in any strait, come what will. If chosen, it 
will be by men of character, and if beaten, this will be my con- 
solation.' 

Conkling's rise had been meteoric. Andrew D. White 
states the reason which led him to advocate the candidacy 
of Roscoe Conkling. 

Judge Bailey, of Oneida County, had called my attention to 
the claims of Mr. Roscoe Conkling:. . . . He had, to be sure, 
run foul of Mr. Blaine .... and had received in return for 
what Mr. Blaine considered a display of ofifensive manners,* 
a very serious oratorical castigfation;* but he had just fought a 
good fight * which had drawn the attention of the whole state 
to him. He had shown himself equal to the emergency. . . . 
I had watched his course closely, and one thing especially 
wrought powerfully with me in his favor. The men who had 
opposed him were of the same sort with those who had op- 
posed me ; as I was proud of their opposition, I felt that he 

1 Alfred R. Conkling, Life and Letters of Roscoe Conkling, p. 287. 
" The gamblers say that I can have $200,000 here from New York in 
a moment if I choose, and that the members are fools to elect me 
without it." 

- Alfred R. Conkling, op. cit., p. 286. 
Congressional Globe, 39th Cong., vol. iii, p. 2298. 

* Ibid., pp. 2298-9. On April 30, 1866. 

* The anti-war Democrats, in conjunction with a number of disaf- 
fected Republicans in his district, combined to defeat Conkling's re- 
election to Congress. The New York Tribune gave him no effective 
support as was expected from the leading organ of the party. The 
reason appeared later, when it became known that Greeley was a 
candidate for the United States Senatorship. For a time it looked 
as if Conkling would be driven from public life. The whole number 
of votes cast in the district was 23,523, of which Conkling received 
12,470 and Palmer V. Kellogg 11,053. Alfred R Conkling, op. cit., 
p. 281. 



155] '^^^ SENATORIAL ELECTION OF 1867 J55 

had a right to be so. The whole force of Tammany henchmen 
and canal contractors throughout the state honored us both 
with their enmity/ 

While the more gallant of the Democratic Party con- 
gratulated the people on the fact that they would " now be 
heard in the United States Senate Chamber in a manner 
which will make the old state feel proud ",^ there were 
others of the Democratic faith not so generous. The 
World, rebutting the above statement of Andrew D. White, 
charged that the combination which had elected Conkling 
" was made up of the canal men, canal commissioners, the 
Oneida and Syracuse interests " and it also hinted at 
rumors of impeachment of the " Canal Ring ofificials . . . 
with an exhibition of dirty linen on all sides, which will 
amuse if not interest the Democracy ".^ The World fore- 
saw the formation of a " ring " in the Republican Party 
under Conkling, which would lead to the party's disrup- 
tion, and the return of the Democrats to power — hence it 
was jubilant.* 

During the course of the Senatorial campaign, the 
Tribune was strangely silent on the matter of the United 
States Senatorship until the morning of January 11, 1867, 
when it gave a full and fair account of the previous even- 
ing. It spoke of Conkling as " a most effective debater and 
canvasser, an unflinching Republican and a most devoted 
and efificient champion of Protection to Home Industry ".° 

' Autobiography of Andrew D. White, vol. i, p. 135. 

* Cf., excerpts in Alfred R. Conkling, op. cit., p. 289. 

* New York World. Jan. 12, 1867. 

* Another charge of the World was that it had been agreed with 
Ezra Cornell, of Tomkins County, that he should be the next Republi- 
can nominee for Governor. Cornell during the Senatorial canvass, the 
World claimed, subscribed $50,000 to Dana's paper in New York. 

'New York Tribune, Jan. 11, 1867. 



136 POLITICAL HISTORY OF NEW YORK STATE [1^6 

The editorial comment of the New York Herald on the 
Senatorial choice was noticeable by its complete absence. 

Harper s Weekly briefly commented — " Mr. Thurlow 
Weed has joined the Manhattan Club, and Mr. Roscoe 
Conkling is elected United States Senator ".^ The tribute 
of Harper's Weekly to Conkling was whole souled. 

In Roscoe Conkling the State of New York has a Senator 
who truly represents the spirit and tendency of her regenerated 
political principle and policy. Young, fearless, devoted, able : 
of the profoundest convictions : of much experience acquired 
in critical and stormy times : with all his brilliant powers dis- 
ciplined and available, the country no less than the state will 
find him a man equal to the hour. * 

Of an entirely different hue was the estimate of Conkling 
given by the World. " He has a fair intellect, a bumptious 
kind of self-importance, and a restless desire to make a 
figure, which will perpetually spur him on to make a dis- 
play of his talents such as they are. That his radicalism is 
a little deeper seated than that of Mr. Harris, is of no con- 
sequence, since he does not carry guns enough to be a 
party chief ".'' The predictions of the World proved true 
so far as it concerned national leadership.* It is doubtless, 

* Harper's Weekly, Jan. 26, 1867, p. 50. 
' Ibid. 

* New York World, Jan. 10, 1867. 

^ The Diary of Gideon Welles (Boston, 1911), vol. iii, p. 16. 
Gideon Welles in his estimate of Conkling spoke of him as vain, " with 
touches of spread eagle eloquence, and a good deal of impetuous 
ardor." Speaking of Conkling, George F. Hoar says : " He was 
an able man, though not superior in his ability to some of his 
associates . . . He was undoubtedly a strong man. . . . But he was 
unfit to be the leader of a great party, and was sure, if he were 
trusted with power, to bring it to destruction. He was possessed of 
an inordinate vanity. He was unrelenting in his enmities and at any 
time was willing to sacrifice to them his party and the interests of the 



» 



1^7] THE SENATORIAL ELECTION OF 1867 j^^ 

no more than fair to say that had Conkhng not prematurely 
severed ^ his close relations with national affairs, his influ- 
ence over the Republican Party would have been greater. 

The editorial interest of the State journals in the out- 
come of the Senatorial contest at Albany was not so marked 
as that of the New York City papers. The Rochester Daily 
Democrat appears to have believed that Mr. Davis had not 
sanctioned the use of his name, which was utilized for 
commercial purposes to aid Senator Harris.^ " A Radical 
through and through "," Conkling gave the Radicals of the 
State full satisfaction.^ The Utica Morning Herald, Conk- 
ling's home paper, emphasized the point that the election had 
been won by fair means.""' The few State journals of Demo- 
cratic alliance which noticed Conkling's election editorially 

country." Autobiography of Seventy Years (New York, 1903), vol. 
ii, p. 55. Col. A. K. McClure, Recollections of Half a Century (Salem, 
Mass., 1902). p. no, reporting his conversation with Conkling after 
the latter had been defeated in his endeavor to nominate Grant over 
Blaine, Sherman and Garfield in 1880, says of him : " Conkling, im- 
perious asa Roman Emperor, could not accommodate himself to de- 
feat, and when I spoke to him later in the evening about the political 
situation, and what New York would be likely to do as to the Vice- 
Presidency, his answer was quite too sulphurous to be recorded in the 
public press." 

* An extremely interesting and full account of the incidents at- 
tending Conkling's fall may be found in : Alexander, A Political His- 
tory of the State of Neiv York, vol. iii, pp. 428-82. 

* Rochester Daily Democrat, Jan. 8, 1867. 

* Ogdensburg Daily Journal, Jan. 14, 1867. 

* The following 'Radical Journals especially endorsed Conkling: 
Buffalo Commercial, Buffalo Advertiser, Buffalo Express, Binghamton 
Daily Republican, Syracuse Daily Journal, Syracuse Daily Standard, 
Ogdensburg Daily Journal, Utica Morning Herald, Auburn Advertiser, 
Albany Evening Journal (see, Jan. 11. 1867), Albany Express, 
and Rochester Daily Democrat. 

'Utica Morning Herald, Jan. 11, 1867. 



158 POLITICAL HISTORY OF NEW YORK STATE [i^g 

gave a note of q,uasi approval, the Argus reminding the 
people that Conkling's faults were still those of youth/ 

On March 23rd, Conkling delivered his maiden speech 
in the Senate in connection with the proposed impeachment 
of Henry A. Smythe, Collector of the Port of New York.^ 
The Washington Chronicle spoke of his effort thus : " Ros- 
coe Conkling then rose, and for twenty-five minutes elec- 
trified the Senate with a clear and convincing defense and 
justification of the New York Representative.^ When he 
had concluded, the Senate was checked in its purpose to 
treat the House imperiously ".* " Roscoe Conkling," said 
the Chicago Republican of March 28th, " the new member 
from New York, . . . though the youngest man, as well 
as the youngest Senator, on the floor, is already the leader 
of the Senate." ^ The position of Conkling in the political 
life of New York fell nothing short of leader. For over a 
decade he was the ruling figure among the dominant faction 
of the Republicans. 

^ Albany Argus, Jan. 11, 1867. Utica Daily Observer, Jan. 11, 1867. 
Rochester Daily Union and Advertiser, Jan. 8. 11, 1867. 

' Gideon Welles speaks of Smythe as a useless politician and an 
indifferent public officer. President Johnson later nominated Smythe 
for the Austrian mission. The Diary of Gideon Welles, vol. ii, p. 
558; vol. iii. p. 391- 

' Mr. Calvin T. Hulburd, of St. Lawrence County, who was at the 
head of a House Committee of Investigation 

* Washington Chronicle, March 28, 1867. Quoted in Alfred R. 
Conkling, op. cit., p. 291. 

' Chicago Republican, March 28, 1867. Quoted in Ibid., p. 291. 
Cf. Shelby M. Cullom, Fifty Years of Public Service (Chicago, 1911), 
p. 116 et seq. 



CHAPTER VII 
The Conventions of 1867 

To the uninitiated the Union Republican State Conven- 
tion, which met at Syracuse on September 25, 1867, ap- 
peared harmonious. Nevertheless, the feeling of envy over 
Conkling's rapid rise had created a chasm between the sup- 
porters of Fenton and Conkling's friends. A secret under- 
standing was discovered by the Conkling men, in the nick 
of time, having for its purpose to place the control of the 
permanent organization in the hands of Fenton, with 
Lyman Tremaine in the chair. But immediately upon the 
announcement of the committee on permanent organiza- 
tion, Senator Edward M. Madden jumped to his feet and 
placed before the convention a resolution which instructed 
them to report the name of Hon. Roscoe Conkling as presi- 
dent of the convention. The Fentonites, taken completely 
by surprise, saw at once that it was a case of " play ball ". 
Not desiring to have an open break with Conkling at this 
time, they accepted him as permanent chairman. " This 
was a point ' scored ' on the friends of Governor Fenton." ^ 

Among the more prominent of those in attendance at the 
convention were Horace Greeley, Andrew D. White, Sen- 
ator Roscoe Conkling, General Leavenworth, General Van 
Wyck, Chauncey M. Depew, Charles S. Spencer, leader of 
New York City Radicals, and Rufus VV. Andrews, who led 
the delegation of New York City Conservatives.'^ A double 

* Alfred P. Conkling, Life and Letters of Roscoe Conkling, p. 296. 

2 Among others were : Ex-Surveyor Andrews, present Surveyor 
Wakeman, Waldo Hutchins, E. Delafield Smith, Senator Thomas 
Murphy. 

159] 159 



l6o POLITICAL HISTORY OF NEW YORK STATE [i6o 

delegation from New York City, composed of Radicals and 
Conservatives, sought to gain recognition in the conven- 
tion. The latter were those who had attended the Philadel- 
phia Convention and had remained away from the last Re- 
publican State Convention. Sins of no deeper dye than 
these might have been forgiven or at least overlooked by the 
Radicals, but this Twenty-third Street party ^ under 
Thomas Murphy and Thurlow Weed had dared to work 
actively for the election of Hoffman and Pruyn against 
Fenton and Woodford in the last election. Such treach- 
ery must needs be atoned for. There appeared to be excel- 
lent social fellowship between the rival delegations. Neither 
of the New York delegations manifested any desire to bolt 
the ticket if they received unfavorable action at the hands 
of the convention. The Conservatives desired to gain 
admittance to the convention by means of a compromise 
which would admit both delegations and allow them but 
one vote. The Radicals, however, were firm in their de- 
mand that punishment be meted out to the backsliders. 
The leader of the Radicals was heard to remark that " if 
the Conservative delegation be admitted, the Radicals will 
withdraw in a body." ^ There were comparatively few of 
the noisy brand of politicians at the convention. It was 
said to have comprised a stronger aggregation of influential 
men of the party than had been found for many conven- 
tions past. 

The Radical delegation from New York and Brooklyn 
led the general feeling among the delegates, that there 
should be a complete new deal in the nominations. There 
was a feeling rife among the majority of the delegates that 
the present administration had favored their opposites in 
political faith. This feeling prevailed, in spite of the fact 

' New York Tribune, Sept. 24, 1867. 
' New York Times, Sept. 25, 1867. 



l6i] THE CONVENTIONS OF 1867 l6l 

that General Barlow and his colleagues in office had made 
numerous attacks on several corrupt gangs, notably the 
Canal Ring. The Times ^ and the Commercial Advertiser ^ 
were severe in their condemnation of the convention for 
permitting this perverse sentiment to rule. The latter 
hinted that there was a reason for the move which was 
alien to the best interests of the State and the welfare of 
the people. With the exception of the secretary of state, 
the New York City Radicals were not at all insistent in 
urging any candidate. For secretary of state, to succeed 
General Barlow, both the Radical and the Conservative 
delegations from New York urged the candidacy of Major 
General Lawrence, the officer who, when ordered by Gen- 
eral Forrest to surrender Fort Columbus,^ had returned the 
famous reply — " I was sent to defend this fort and intend 
to do it ".* He was, also, a nephew of the noted Captain 
Lawrence who covered the name Chesapeake with glory. 

General Barlow's friends were in strong number, but to 
permit one of the old ticket to hold over would have looked 
like a rebuke to the others. So answered those who desired 
a change. General McKean, of Saratoga, was the only 
other candidate for the leading office. It was not thought 
at first that he would displace General Lawrence. For the 
lesser offices Charles J. Folger was mentioned to succeed 
Attorney-General Martindale. Ex-Senator Ferdon, of 
Rockland, and Colonel Robinson, of Elmira, were rivals 
for the State-prison inspectorship. Before the convention 
convened, Frederick Julian, of Chenango, was thought to 
have the best chance for state treasurer, but he went down 

' New York Times, Sept. 26-27. 1867. 

• New York Commercial Advertiser, Sept. 26, 1867. 

• Upon the Mississippi a short distance above Fort Pillow. 

• New York Times, Sept. 25. 1867. 



1 62 POLITICAL HISTORY OF NEW YORK STATE [162 

to a bad defeat at the hands of General T. C. Gates, of 
Ulster. However, prior to the convention nothing was 
definite. The general disposition prevailed to forego the 
usual preliminary caucuses and allow the strength of the 
various candidates to show itself before the convention.^ 

The Tribune and the Albany Evening Journal were both 
in favor of administering punishment to the Conservative 
members.^ Their sole offense was that they had differed 
with prominent members of the party in the earlier stages 
of Reconstruction. The Times and the Commercial Adver- 
tiser condemned the Radicals severely, for throwing over- 
board capable and upright State officers. The Times, in a 
strong editorial, asked : 

Is the Republican Party in this State so strong: that it can 
aflford to alienate any portion of its members and force them 
into a position of indiflference if not hostility ? Is the time 
propitious for such an experiment ? Is there a necessity for 
reviving- former differences, vitalizing dissensions, which events 
have in a great measure healed, and provoking quarrels in the 
presence of a united and powerful enemy ?* 

The Times further suggested, in its endeavor to conciliate 
the jarring factions, that if one had shown a disposition to 
favor Johnson in the beginning it should be remembered 
that he had been elected by Union Republicans. The ques- 
tion whether one section of the party adhered to President 
Johnson a month more or less than another section was one 

* A convention of Germans widely advertised as meeting on Sep- 
tember 24th at Syracuse, with the object of inducing the Republican 
State Conven ion to recommend certain modifications of the laws, 
was poorly attended. New York Tiates, Sept. 2, 1867. 

' New York Tribune, Sept. 25-7 ; Albany Evening Journal, Sept. 
25-7. 

' New York Times, Sept. 25, 1867. 



163] THE CONVENTIONS OF 1867 ig^ 

which did not offer " a vaHd reason for impugning the 
fealty, denying the honesty, or assaihng the patriotism of 
the other. The pretensions of the Union League Ckib when 
sitting in judgment on Mr. Greeley for bailing Jeff. Davis, 
were not more preposterous than would be the claim of the 
convention to excommunicate those who have not in all 
things agreed with the majority of its members ".^ Thur- 
low Weed, now editor of the Commercial Advertiser, placed 
the responsibility for the unwise cfourse of the Republican 
Convention on Horace Greeley. In an editorial on Septem- 
ber 25th he made a cutting assault on Greeley. 

But for the evil it is doing .... it would be amusing" to see 
the Tribune preach about party obligations. In its best days 
it was capricious and unreliable. During the twenty-five years 
of Whig service, it was always disturbing and distracting the 
party with its isms. In 1864 it labored to get up a Cleveland 
Convention to defeat the re-election of President Lincoln. It 
advocated Secession in i860. It played the bully and coward 
throughout the war, closing with an offer of $400,000,000 as a 
bribe to Slavery for Peace. Only two years ago by its shame- 
ful opposition to M. O. Roberts, it secured the election of Mr. 
Hoffman. . . . And this Tribune, an organ of Secession, that 
now demands Amnesty for all Traitors and Assassins : that 
opened the Prison Door for Jefferson Davis : that invites Breck- 
inridge to return : that, after urging the President to appoint 
General Sieedman — Secretary of War, stigmatized him as the 
most unfit man in the country for that position, arraigns 
and impugns the Republicanism of men through whose labor 
and care both the Whig and Republican Parties were , . . pre- 
served in their strength and integrity until the evil day of small 
things and cheap men. . . .' 

The dispute between the rival delegations from New 

1^ New York Times, Sept. 25, 1867. 

' New York Commercial Advertiser, Sept. 25, 1867. 



164 POLITICAL HISTORY OF NEW YORK STATE [164 

York occupied the convention for more than an hour. The 
leader of the Radicals, Mr. Spencer, read copiously from 
the article in the Tribune ^ describing the antecedents of 
the " Twenty-third Street delegation". Rufus G. Andrews, 
the voice of the latter organization, offered to compare his 
own or the past record of his delegation with that of the 
Radicals. Mr. Andrews maintained his rights with such 
earnestness and persuasiveness that he was enabled to have 
a committee appointed by the convention to hear their 
claims. In this they " scored " on the Radicals, who, with 
the State committee, had planned to shut them out without 
even a committee hearing. Not only did the Twenty-third 
Street delegation obtain a hearing, but Mr. Gleason, chair- 
man of the committee, frankly admitted in his report that 
there had been irregularities on both sides. He recom- 
mended to the convention that they adopt some action 
through which the various differences might be harmonized 
immediately. 

This result was all the Conservatives desired. Mr. An- 
drews had told the convention as much, previously. He 
made a good-humored address of thanks and the Conser- 
vatives retired in a body well pleased." They professed to 
regard it as a triumph, for it had hardly been a part of their 
expectation to receive admittance to the convention. The 
Radicals' chagrin might have been greater, had the attempt 
made by Senator Madden, just previous to the adjournment 
of the convention, been successful. He moved for the pass- 
ing of the special committee's recommendation, which 
would empower the State central committee to investigate 
the irregularities of the Radicals in New York City and to 
settle their differences, if possible. This motion was most 

' New York Tribune, Sept. 24, 1867. Five thousand copies of the 
Tribune were brought to Syracuse for distribution in the convention. 
* New York Times, Sept. 25, 1867. 



165] THE CONVENTIONS OF 1867 15^ 

strenuously opposed by Mr. Spencer and at length laid upon 
the table. Had it not been for the fact that a majority of 
the delegates had left the hall, it might have received a dif- 
ferent fate. 

Roscoe Conkling, upon taking the chair, delivered an ad- 
dress which was received with great enthusiasm. The 
speech was a " fervid and eloquent assertion of the prin- 
ciples and purpose of the great dominant party of the coun- 
try ".^ " It is a party of ideas, not of privileges for a few 
but of human rights for all." ^ Conkling gave notice of his 
intention to take " no one's dust ".^ He pointed out that 
the Republican party had vindicated its claim to the Union- 
ist support by its successful administration and uncondi- 
tional triumph in the War. This it had done against all the 
odds of a sneering incredulity in Europe, the treachery of 
Copperheads and the frequent hesitancy of many friends. 
When Conkling asserted that the situation in national af- 
fairs demanded the use of impeachment for the President — ■ 
the enthusiasm of the convention knew no bounds.* The 
Herald, editorially, termed the convention speech of Senator 
Conkling " as pitiful a piece of party fume as ever came to 
the dignity of print "." 

* Harper's Weekly. Oct. 10, 1867, p. 642. 

' Ibid. ' New York Times, Sept. 26, 1867. 

* An excellent example of Conkling's invective follows : " But in 
free America ... we see bills vetoed and then when they become 
laws we see them evaded and defied upon pretense that they are want- 
ing in the very things for which the veto was put forth. We see the 
nation insulted by a message to Congress, intended to stab our finan- 
cial credit, a message wickedly intima'ing that by chastising traitors 
the American people have become liable to pay the debts of the lately 
rebellious states. In plain perversion of law, if not in open defiance 
of law, we see the removal of the unflinching Minister of War. . . ." 
New York Times, Sept. 26, 1867. 

» New York Herald, Oct. 5, 1867. 



1 66 POLITICAL HISTORY OF NEW YORK STATE [i66 

When nominations became the order, Mr. Charles S. 
Spencer, of New York, proposed the name of General Hud- 
son Lawrence, of New York, for secretary of state; Mr. 
D. D. T. Marshall placed in nomination General Francis C. 
Barlow, of New York, and Mr. John C. Green nominated 
General McKean. of Saratoga. The fight was on. The 
Radicals from New York, in spite of their loud clamorings 
for General Lawrence, apparently had little real desire for 
his candidacy, in face of a more available man. General 
McKean received 270, General Barlow, loi, and General 
Lawrence 6 votes. General McKean's nomination was 
then made unanimous. As in the case of General Barlow, 
there was, also, a considerable feeling that the dropping ot 
Mr. Hillhouse would weaken the ticket. Those who de- 
sired a new slate used the same argument, that to retain one 
of the old names would be an implied censure of the ad- 
ministration of those who were dismissed. Judge Folger 
nominated Thomas C. Hillhouse, of Ontario, and Lyman 
Tremaine did the same for Calvin T. Hulburd, of St. Law- 
rence, for comptroller. The determination to have a new 
slate won. Mr. Hulburd received 238 to 136 votes for Hill- 
house.^ The fight over the State treasurership was spirited. 

' New York Times, Sept. 26, 1867. 

Ticket. Candidates nominated were : General McKean, of Saratoga, 
Secretary of State; Calvin T. Hulburd, of St. Lawrence, Comptroller; 
General T. C. Ga'es, of Ulster, State Treasurer; Judge Vancoff, of 
Kings, Attorney General; A. C. Powell, of Onondaga, State Engineer; 
John M. Hammond, of Allegany, Canal Commissioner ; Gilbert 
Delamater of Wyoming, Inspector of State Prisons; Charles Mason, 
of Madison, Judge of Court of Appeals. 

Radical State Committee — H. Eastman, of Queens; C. H. Goddard, 
of Kings ; H. N. Holt, of Kings ; J. G. Abbe, of New York ; W. H. M. 
Kenney, of New York; Martin B. Brown, of New York; Waldo 
Hutchins, of New York; Ira O. Miller, of New York; H. D. Robers- 
ton, of Westchester; E. M. Madden, of Orange; J. H. Ketchum, of 
Dutchess; John Lyon, of Ulster; Hamilton Harris, of Albany; H. J. 
King, of Rensselaer; Jerome Lapham, of Warren; E. A. Merritt, of 



167] THE CONVENTIONS OF 1867 j^^ 

Hon. Frederick Juliand, of Chenango, who was supposed 
to have the strongest following before the convention met, 
came in third with 27 votes to 133 for Mr. A. B. Cornell, 
of Tompkins, and 207 for General Gates. Erastus S. 
Prosser, of Erie, was a candidate, but before the result 
was announced he withdrew and threw the support of Erie 
County to Mr. Cornell. General Rowland's name had 
been previously withdrawn upon receipt of a letter in which 
he declined to run for renomination. 

The Commercial Advertiser condemned the Republican 
convention for throwing overboard capable and upright 
State officers. 

Mr. Goodsell, the State Eng-ineer, who, as a member of the 
Contracting: Board, steadily and firmly resisted the corrupt 
awards of his colleagues, is as ignominiously dropped as was 
Alberger, the unworthy commissioner. Against Messrs. Bar- 
low, Hillhouse, Martindale, and Howland, there was not a 
whisper of complaint. . . . There was a reason . . . for this 
injustice. That reason, however, was alien to the interests of 
the Stdte and the welfare of the People.' 

The World claimed to see a dearth of candidates at the Re- 
publican convention and heartily endorsed those nominated 

St. Lawrence; F. D. Curtiss, of Saratoga; Alvin Sturtevant, of Dela- 
ware; E. V. Livingston, of Lewis; C. H. Hopkins, of Oneida; J. B. 
Jenkins, of Madison ; Isaac L. Endres, of Livingston ; Adolphe Notte, 
of Monroe; W. H. Merrill, of Wyoming; John Sherwood, of Erie; 
G. W. Palmer, of Chautauqua; S. B. Garritt, A. B. Cornell, Luther 
Caldwell, and James Terwilliger. 

Note — Mr. C. T. Hulburd upon reaching home on Oct. 17, 1867, 
after a four months' trip abroad, was first informed of his nomin- 
ation in Ogdensburg. He decided to decline. This gave the Republi- 
can managers a chance to redeem and bolster up their ticket in view 
of the cry against corrupt candidates by the subs' itution of Mr. 
Hillhouse, whose faithful services were well known. New York 
Commercial Advertiser, Oct. 25, 1867. 

* New York Commercial Advertiser, Sept. 26, 1867. 



1 68 POLITICAL HISTORY OF NEW YORK STATE [i68 

as ''conspicuous neither for resisting official corruption, nor 
for anything else "/ Greeley, however, consoled disinter- 
ested third parties by assuring them that — " It is quite dis- 
tressing to see their tears over the State officers who were 
not renominated. . . . But we were not nominating Demo- 
cratic candidates, nor in any manner trying to please that 
party."' 

The platform affirmed the right of impartial suffrage. 
It took strong ground against corruption and mismanage- 
ment in the affairs of the State and declared a " purpose 
to continue the work of administrative reform it had inau- 
gurated; that it will steadily fight corruptionists and ever 
hold them its enemies; that it will urge war against them 
until corruption and maladministration are rooted out and 
destroyed. . . ." ^ Emphatically declaring for the support 
of Congress and its policy, the platform most cordially ap- 
proved Hon. Edwin M. Stanton in his conduct of office, 
and condemned, " as an insult to the nation ", the removal 
of General Philip H. Sheridan and General Daniel E. 
Sickles. A sop was thrown to the church-going and tem- 
perance elements in a resolution for the enforcement of a 
quiet Sabbath and the excise law, this to be done, how- 
ever, in such a manner as not to interfere with the liberty 
of the citizen. All endeavors to interfere with the financial 
obligations of the Union were repelled and rebuked, al- 
though the platform asserted the need for fairness and 
equality in the public burdens. The Union soldiers were 
recognized for their services and thanks were given to Gov- 
ernor Fenton and Senators Morgan and Conkling. The 
spirit of the platform was well stated by the watchword 

' New York World, Sept. 27, 1867. 

* New York Tribune, Sept. 27, 1867. 

* New York Times, Sept. 26, 1867. 



169] THE CONVENTIONS OF 1867 i5^ 

inscribed upon the party banner — " National reconstruction 
through liberty and justice: State repose through integrity 
and economy "/ 

Whatever may be said of the wisdom or discretion of the 
Convention, [declared the Su7i\ it certainly deserves credit for 
blunt honesty, for there is not an equivocal line or evasive 
word in the platform. . . . The suffrage plank in the platform 
... a sacrifice of political strength on the altar of consis- 
tency . . . will cost the party ten thousand votes.' 

The World, not so magnanimous as the Sun, asked — ''When 
did it ever before happen that a political party adopted a 
platform condemning, not its opponents, but itself? Sun- 
day liquor laws ! Who passed them ? Official corruption ! 
Who perpetrated it? Negro suffrage! Who refused to 
submit to it?"^ Meanwhile Greeley assured all that the 
platform was " broad enough for all . . . who seek the 
true interests of the country . . . and at the same time 
guard and advance the best interests of the Empire State." * 

Henry J. Raymond showed the sincerity of his spirit in 
his attitude towards the Republican party. His editorials 
acted as oil upon the waters. " The Republican State Con- 
vention which assembled at Syracuse yesterday," said the 
Times, " performed its work quickly and well . . . the 
party enters upon the contest with a new batch of candi- 
dates ^ on a platform which will commend itself to the 
judgment of Republicans throughout the State." 

The Republican papers in the western portion of the 

' New York Times, Sept. 26, 1867. 
' New York Sun, Sept. 27, 1867. 
■ New York World, Sept. 27, 1867. 
* New York Tribune, Sept. 27, 1867. 
' New York Times, Sept. 26, 1867. 



I-o POLITICAL HISTORY OF NEW YORK STATE [170 

State uniformly agreed that the Syracuse convention had 
acted wisely in nominating a new slate/ The Commercial 
Advertiser went so far as to admit that certain of the old 
Unionist officials, especially those on the canal contracting 
board, had been corrupt." In the northern section of the 
State the Republicans appeared to be well satisfied with the 
choice of Mr. Hulburd, of St. Lawrence County, as their 
representative on the ticket. No sign of the criticism of 
Mr. Hulburd, which appeared in other quarters, was mani- 
fest in the press of his home town. " So far as our local 
interests are concerned," said the Daily Journal, of Ogdens- 
burg, 

we believe that the Northern portion of the State will be ben- 
efited by the nomination and election of Mr. Hulburd. With 
Mr. Hulburd in the Comptroller's office, we are certain that 
the influence of at least one of the departments will not be used 
to prevent the Niagara Ship Canal from becoming a success- 
ful enterprise.^ 

The Republican organs of Syracuse seemed to be chiefly 
impressed with the harmony and good-will displayed in the 
convention.* 

Nevertheless, flaws were discovered in the harmony 
which the western and Syracuse papers vaunted. The 
Utica Morning Herald, the mouthpeice of Conkling, de- 
nied that the new slate had resulted from a movement to 
increase the power of Fenton by placing him in the vice- 
presidency the next year. Roberts insisted that the new 

* Buffalo Commercial Advertiser, Sept. 26, 27, 1867; Buffalo Express. 
Sept. 27, 1867; Rochester Daily Democrat, Sept. 26, 1867. 

* Buffalo Commercial Advertiser, Sept. 27, 1867. 

^ Ogdensburg Daily Journal, Sept. 27, 1867. See note supra, p. 167. 

* Syracuse Daily Journal, Sept. 26, 1867; Syracuse Daily Standard, 
Sept. 26, 1867. 



i 



171] THE CONVENTIONS OF 1867 j^j 

ticket had for its purpose the purification of the party/ 
This was also the attitude assumed by the Albany Evening 
Journal, which emphasized the endorsement of impartial 
suffrage.^ 

The Democratic organs of the State considered the nomi- 
nation of an entire new ticket as an open confession of 
guilt, a point which they were not slow to urge.^ The sen- 
timent seemed to prevail among the Democrats that Fenton 
had controlled the convention.* But there was one notable 
exception to this opinion. The Daily Union and Adver- 
tiser, of Rochester, viewed the failure to nominate the old 
ticket not as any condemnation of official corruption but 
simply as the victory of one " Ring " in the Republican 
party over another in the struggle for spoils.' 

Albany was the scene of two co-temporary conven- 
tions. The State Temperance Convention met there on the 
same day, Thursday, October 3rd, with the State Conven- 
tion of the Democrats. The Temperance convention drew 
up the usual resolutions and nominated candidates. It at- 
tempted, moreover, to exert an influence upon the consid- 
erations of the Democratic body, through the proximity of 
the meeting. 

At the Democratic convention the attendance was small, 
the hall being less than two-thirds full at both of the ses- 
sions. In accordance with a custom honored since the days 
of the Regency,^ or because, as the Herald suggested, " the 

* Utica Morning Herald, Sept. 26, 1867. 

' Albany Evening Journal, Sept. 26, 1867. 

' Syracuse Daily Courier and Union, Sept. 26, 1867 ; Buffalo Daily 
Courier, Sept. 27, 1867; Utica Daily Observer, Sept. 26, 1867. 

* Buffalo Daily Courier, Sept. 27, 1867. 

' Rochester Daily Union and Advertiser, Sept. 24, 1867. 
® A group of Democratic politicians, who two decades before the Civil 
War, controlled the politics of the State. 



172 POLITICAL HISTORY OF NEW YORK STATE [172 

managers of the convention . . . were determined not to 
hazard the success of their party by leaving anything to be 
settled in the public deliberations of the delegates," ^ the 
convention adjourned on the first day without taking action 
on nominations or platform. Samuel J. Tilden, Ex-Gov- 
ernor Seymour, and Mayor Hoffman, of New York, were 
the prominent figures of the convention. 

The World stated that the Democratic State convention 
had not assembled for many years " under circumstances 
so auspicious to harmony, energy, courage, and hope; nor 
has there ever been a time in the whole history of the coun- 
try when consequences so important depended on Demo- 
cratic success." " Samuel J. Tilden, in his speech calling 
the convention to order, congratulated the delegates upon 
the harmony everywhere apparent. He hoped that nothing 
would be recalled save the public good and that all personal 
preferences and predilections would be ignored, looking 
tow^ards harmony in the Presidential contest of the ensuing 
year. A brief but mighty struggle took place between 
Hofifman and Horatio Seymour, as to who should be per- 
manent chairman. Hoffman's friends coveted the honor 
for him in the belief that its prestige would strengthen 
him in his candidacy for Governor in the next convention. 
It was seen, nevertheless, that Seymour was still far too 
powerful, so a hasty retreat was effected. Hoffman was 
made the temporary chairman instead. His speech was 
well received, but failed to create much enthusiasm 
among the country delegates, who were not fully ap- 
preciative of his slang and frequent reference to the negro. 
He gave evidence of the location of his support in a vio- 
lent denunciation of the recent legislation affecting the 

^ New York Herald, Oct. 5, 1867. 
» New York World, Oct. 2, 1867. 



173] THE CONVENTIONS OF 1867 1 73 

metropolitan administration and the enforcement of the 
excise law. He ridiculed the so-called " Lager Beer Reso- 
lution " ^ of the Republican convention. He sprang a sur- 
prise upon a certain portion of the Democrats by taking a 
decided stand for the payment of every dollar of the Na- 
tional debt in accordance with the letter and spirit of the 
bond. However, this statement was not without the non 
sequitur that the above could be accomplished only by re- 
storing the Democracy to power. 

Horatio Seymour, upon accepting the chairmanship of 
the convention, received a sincerely enthusiastic ovation." 
He took grounds similar to those expressed by Hoffman 
on the financial situation, which occupied the chief portion 
of his address. Our credit must be preserved, the Repub- 
licans have failed. Democracy alone can do it, was the tenor 
of his remarks. He declared that the Republicans were 
crying out that the country was in danger and that the 
Democracy could not escape from the problems before the 
country. After referring to the corruption in the Repub- 
lican ranks, Seymour turned to the inequalities of repre- 
sentation in the Senate. For an example he balanced Colo- 
rado which, as he said, could not uphold the rudiments of a 
State government, against New York State with a popula- 
tion of 4,000,000.^* Like Hoffman, he aimed for the Ger- 
man vote in urging tolerance for a people whose social 
customs differed from our own. 

* The Herald admired Mr. Seymour's speech as a " vigor- 

' The World spread broadcast the fact that the Temperance League 
had placed documents in the seat of every member of the convention, 
declaring that they would support for office none but avowed temper- 
ance men. New York World, Sept. 26, 1867. 

* New York Herald, Oct. 5, 1867. 

' New York Times, Oct. 4, 1867. Seymour either must have aimed 
at confusing his hearers, or must have been hard pressed for a com- 
parison, as Colorado was not made a State until August i, 1876. 



174 POLITICAL HISTORY OF NEW YORK STATE [jy^ 

ous, clear, statesmanlike view of the condition of the coun- 
try ", but added, " he is not out of the woods yet ".^ In the 
latter vein the Evening Post remarked that some parts of 
Seymour's speech "had a sound of 1861 in them, as though 
the speaker had just waked from a long sleep." ^ As usual, 
Horace Greeley did not stop to select his words in speak- 
ing of his ancient antagonist. " Mr. Seymour is a very oily 
speaker, who needs only integrity and wisdom to make him 
a very honest and able man. Without those qualities he 
remains a demagogue whose utterances ... he has neither 
the discretion to conceal nor the courage to carry out." ' 
Harper's Weekly took the occasion to review Seymour's 
political past, in an indictment which would have made a 
man of smaller calibre than Seymour quail.* 

' New York Herald, Oct. 4, 1867. 

* New York Evening Post, Oct. 5, 1867. 

• New York Tribune, Oct. 5, 1867. 

*■ Harper's Weekly, Oct. 19, 1867, p. 659. " Horatio Seymour was 
the spokesman of the party in the convention as he has been its 
chief for some years. He was the chosen representative of the spirit 
of ' reaction ' which is to undo the work of the war. And who is this 
representative? It is the same Horatio Seymour who, in December, 
i860, at the notorious Tweedle Hall Convention, tried to defeat the 
Government in advance and secure the triumph of Rebellion. It is 
the same Horatio Seymour who declared that if it came to a choice 
between the Union and slavery, he was for leting the Union go and 
saving slavery. It is the same Horatio Seymour whom the Rebellion 
made Governor in 1862 and who appointed John A. Green, known 
only as one of the most malignant of Copperheads, military com- 
mander of a large part of the State, for what purpose it is not diffi- 
cult to imagine. It is the same Horatio Seymour who, in the New 
York Academy of Music on July 4, 1863, when Lee was pressing into 
Pennsylvania, taunted the Government wilh its failure, asked con- 
temptuously for the ' great victories ' that had been promised and 
warned it that the mob could be lawless as well as the Government. 
... It is the same Horatio Seymour who, when the mob of New 
York obeyed the word he had given them and ravaged the city, stood 
before them at the City Hall and calling them, still flushed and 



\ 



172] THE CONVENTIONS OF 1867 17- 

The opening speeches of the convention were further 
rounded out by A. Oakey Hall, of Tammany fame, who in 
response to numerous calls made a short address which 
appealed to the humor of the convention. Among other 
remarks he said that the Democrats " had met to prepare 
so far as the State of New York was concerned, the obse- 
quies of the Radical party, which was about to die of 'yellow- 
mulatto fever ', it having now the ' black vomit ', the last 
stage of the disease." ^ 

The various delegations were in practical unanimity. Al- 
though the members of the Mozart Hall ' delegation were 
ignored in their official capacity, they made no resistance. 
Tammany rewarded their good behavior by an invitation to 
seats as honorary guests of the convention. An amend- 
ment to the motion which seated the Mozart delegation, 
also honored another delegation representing the German 
lager-beer interests.^ The first day of the convention was 
occupied with organization and speeches. Considerable 
caucusing was carried on among the up-State delegates, 
for the Tammany delegates had suddenly outgrown their 

reeking with the wanton and barbarous massacre of helpless men, 
women and children, ' my friends,' promised them that the laws 
should be executed, but that he would try to have them changed as 
his 'friends' desired. And, finally, it is the same Horatio Seymour 
who presided over the last National Convention of the Democratic 
Party which joyfully declared the war a failure and stimulated the 
expiring rebellion to one more struggle." 

' New York Times, Oct. 4, 1867. 

* It appears that the Mozart Hall men cared comparatively little 
what the composition of the State ticket or the principles of the party 
platform might be, so long as they could make a profitable arrange- 
ment in the mater of the coming charter election. The Mozart and 
Tammany Halls difficulty, which threatened at one time to result in an 
airing of the "dirty clothes" of the respective factions, was adjusted 
in less than five minutes. New York Herald, Oct. 4, 1867. 

» New York Herald, Oct. 4, 1^67. 



176 POLITICAL HISTORY OF NEW YORK STATE [176 

avariciousness and appetite for office. At least, they came 
to the convention generously offering no candidates, or per- 
haps better still, urging no candidates. Uncharitable per- 
sons were prone to remark, that as there were no offices 
worthy of notice at this time, Tammany was asking for 
nothing, in anticipation of asking for all, the following year 
on the strength of their previous generosity. 

Horatio Seymour ruled the convention. The new State 
committee was framed in his interests. Even so, the re- 
markable harmony displayed in the convention received a 
rude jolt when the platform came up for consideration. 
After having heard the report of Mr. John B. Haskin, of 
Westchester, chairman of the committee on resolutions, 
Mr. John McKeon startled the convention with a most 
vehement protest against the entire platform. He believed 
it was time for the Democratic party to come out in the 
open, to take a bold stand and to dare proclaim the real sen- 
timents of the party. " They have stood on the defensive 
long enough and it was time they made an attack upon the 
enemy." ^ Mr. McKeon ended his remarks with a denun- 
ciation of the whole platform as meaningless and offered 
an amendment to the fifth resolution, which pledged the 
convention to repeal the excise law of April, 1866. This 
was passed without much opposition. He further desired 
the party to state distinctly in the resolution touching the 
national debt that the bonds were payable in currency. 
Mr. E. A. Lawrence offered an amendment to the effect 
that the bonds ought to be taxed. This brought Mr. Has- 
kin to his feet in defense of the resolutions. He asserted 
that the amendments in question practically amounted to a 
repudiation of the national obligations. The obstreperous 
faction was at once put down by a formal ballot, on Mr. 

1 New York Herald, Oct. 5, 1867. 



I^^] THE CONI'ENTIONS OF 1867 yyy 

Lawrence's motion, of 103 to 18/ McKeon, seeing the 
hopelessness of his case, permitted the other resolutions 
to pass unobstructed. His action in denouncing the "craven 
heartedness "of the managers and his prophecy that their 
ticket would be beaten by a majority of 20,000, was char- 
acterized by Harper's Weekly as " the only striking point 
in the whole proceedings," " while the Siin looked on the 
McKeon resolutions as " a jumble of State-rights doctrine 
mingled with a little Declaration of Independence and con- 
siderable Andrew Jackson." ^ 

After the usual amendment and discussion, the platform 
was adopted with a pledge " to redeem New York from 
corruption and misrule." * It regarded the national debt 
as a sacred obligation. As was to be expected, the Repub- 
lican party was denounced for its reconstruction policy. 
Article IV was a stinging arraignment of the Republicans, 
setting forth 

the revelations of corruption in the management of the 
canals, the confessed degradation of the Legislature, the resort 
to extraordinary commissions to control municipalities, the 
demoralization of the revenue service, and the fact that a party 
holding^ power over Congress, the Judiciary, the Executive and 
the Army has failed to bring peace, solidity and credit to the 
country/ 

The obvious remedy was the return of the Democracy to 
power. The platform assailed the existing excise law, in 
urging that any excise law " which under the pretext of 
moral reform, invades private rights, subjects citizens to 
vexatious searches and seizures and interferes with social 

» New York Herald, Oct. 5, 1867. 

» Harper's Weekly. Oct. 19, 1867, p. 659. 

» New York Sun, Oct. 4, 1867. 

* New York Herald, Oct. 5, 1867. * Ibid. 



178 POLITICAL HISTORY OF NEW YORK STATE [178 

and religious customs," ^ was subversive of the true ideals 
of American citizenship." The decision of Secretary of 
State William L. Macy in the Koszta case ^ was upheld m 
the platform, which declared for the protection of adopted, 
as well as native, citizens in foreign countries. And, lastly, 
not to be outdone in gallantry by the Republicans, an ex- 
pression of thanks -was extended to the soldiers and sailors 
for their aid to the Union. 

The strife over nominations was far from keen. The 
caucus of candidates was left entirely to the up-State 
delegates. A slate made out the day previous to the 
first meeting of the convention contained but few al- 
terations in its final form. The chief contest came 
over the office of secretary of state.* Mr. John A. 
Greene, of Onondaga, was nominated, but declined the nom- 
ination, thus centering the fight between D. R. Floyd- 
Jones and Homer A. Nelson, of Dutchess. Considerable 
doubt was thrown upon the feasibility of Mr. Nelson's can- 
didacy because of his attitude upon the Fourteenth Amend- 
ment. Mr. John McKeon asked if Mr. Nelson had not voted 
affirmatively for the amendment in Congress, and when 
answered affirmatively, said that Nelson " would be de- 
feated by 10,000 majority".^ Mr. Tanning, who had nomi- 

» New York Herald, Oct. 5, 1867. 

2 See Nation, Oct., 1867. The Nation facetiously suggested that the 
"Convention evidently supposed that drinking lager beer was some 
' sacred religious rite ' which the intolerance of the law had pro- 
hibited." It declared this to be a mistake, that drinking either whiskey 
or beer is a purely secular performance. 

" Scott's, Cases on International Law, pp. 400-1 ; Cf.. also, Magoon's, 
Military Occupation, pp. 1 18-120; for the correspondence 2 Wharton's 
Digest, 175, 198. Martin Koszta, a native of Hungary, had made his 
declaration of intention and was domiciled in the United States. 

* New York World, Oct. 5, 1867. 

' New York Times, Oct. 5, 1867. 



179] THE CONVENTIONS OF 1867 I^^ 

nated Nelson, replied that he did right in voting for the 
amendment and " would be elected by twice 10,000 ma- 
jority ".^ The vote resulted in Nelson receiving 67 votes 
to 53 for Floyd-Jones." The only other office for which 
the nominations came to vote was that of state treasurer. 
Mr. Wheeler H. Bristol, of Tioga, with 43 votes, received 
the nomination over General Jacob H. Hardenburgh, of 
Ulster, with 14." The other nominations were made by ac- 
clamation.^ Several nominees '" were ofifered for the Court 
of Appeals, but all withdrew in favor of Martin Grover. 

That the convention was not rushed through was the sub- 
ject of congratulations to Democrats at the hands of the 

1 New York Times. Oct. 5, 1867. 

'Other votes were: William McMurray — 11; George B. Scott — 2. 

'Scattering: Darius Clark — 2; Samuel Worth — i. 

* New York World, Oct. 5, 1867. 

The Democratic ticket was : 

Secretary of State — ^Horner A. Nelson, of Dutchess. 

Comptroller — Judge Wm. F. Allen, of Oswego. 

Treasurer— Wheeler H. Bristol, of Tioga. 

Attorney-General — Marshall B. Champlain, of Allegany. 

Canal Commissioner — John D. Fay, of Monroe. 

State Engineer and Surveyor — Van Rensselaer Richmond, of Wayne. 

Inspector of State Prisons — Nicholas B. Scheu, of Erie. 

Judge of Court of Appeals — Martin Grover, of Allegany. 

New York World, Oct. 5, 1867. 

The State Committee was : 

1st Judicial District — Peter B. Sweeny and Charles G. Cornell. 
2nd Judicial District — Erastus Tde and W. A. Fowler. 
3rd Judicial District — Peter Cagger and Isaac McCoombs, Jr. 
4ih Judicial District — Isaiah Blood and Moore R. Knapp. 
5th Judicial District — John A. Greene, Jr. and George H. Sanford. 
6th Judicial District — Stephen T. Arnot and N. Wilson Parker. 
7th Judicial District— E. P. Ross and C. C. B. Walker. 
8th Judicial District — Henry A. Richmond and James Jackson, Jr. 
At Large — Samuel J. Tilden, Samuel North and William G. Fargo. 
5 Mr. Ganson. Daniel Pratt, of Onondaga, and George F. Comstock, 
of Onondaga. 



l8o POLITICAL HISTORY OF NEW YORK STATE [jgo 

World. " The result of the deliberations of this conven- 
tion are such as no Democrat need be ashamed ".^ Aside 
from the excise and suffrage planks, the most vulnerable 
spots in the Radical platform, the Sun ' considered the plat- 
form to be made up of " filling in " material. The idea 
seemed to prevail that the Democratic convention had 
adopted the adage that it is better to say too little than too 
much. The various Republican organs in New York City 
were differently keyed in their treatment of the Democratic 
convention. The Commercial Advertiser, consistent in its 
feud with Greeley, gave a cautious approval to the work 
of the convention. 

The Democrats have acted — if not with all the wisdom of their 
better days — with a returning: sense of what belongs to a good 
Government. Their candidates are personally unexception- 
able. [The platform] if it does not strengthen, certainly will 
not weaken their ticket. ... It is not wise ... as the Tribune 
does, to underrate the strength of, or sneer at the Democratic 
ticket.* 

The attitude of the Tribune may be aptly illustrated by 
Greeley's editorial on silence. 

» New York World, Oct. ii. 1867. 

The points of the Democratic candidates were summarized by the 
World : 

Nelson — age 39 years, lawyer. County Judge, Congress, Colonel 159 
N. Y. Vols. 

Allen — age 50 years, Legislature, Judge of Supreme Court. 

Bristol — engineer, wealthy, never had held an elective office. 

Champlain— Legislature, Member Constitutional Convention. 

Richmond — Had held same office 1857-9. 

Fay — Active canal man, never had held an elective office. 

Scheu — 'German Brewer of Buffalo, wealthy. 

Grover — Superior legal attainments. 

* New York Sun, Oct. 5, 1867. 

• New York Commercial Advertiser, Oct. 5, 1867. 



i8t] the conventions of 1867 igl 

The platform adopted by the Democratic convention in New 
York is more expressive in its silence than in its langfuage. 
It is silent on the ancient doctrines of state sovereignty, strict 
construction of the Constitution, the Virginia and Kentucky 
ordinance of 1798, the rights of slavery, and the merits of free 
trade. It fails to endorse or compliment President Johnson. 
... It dares not disapprove the national banking system, or 
the present tariff, or even to suggest in plain terms how easily 
the government may support itself by collecting taxes from 
its creditors on what it owes. ... It forgets that it ever de- 
clared the war a failure. It advocates an Excise Law under 
which there can be no arrests, searches or seizures and obedi- 
ence to which shall be left to the influence of moral suasion.* 

This martial array of unwelcome reminders might well 
draw forth the rebuke of the Commercial Adver- 
tiser. Had Greeley but realized it, he must needs cast 
the beam from his own eye before he could pick out 
the motes from those of his opponents, as the result of the 
election testified. The same policy of underestimating the 
Democratic strength was followed by the Times and Har- 
per's Weekly. The former said of the Democratic plat- 
form that it was composed of innocent platitudes and the 
ticket of respectable nonentities. " They appeal in the 
former to the prejudices, and in the latter to the ignorance 
of their party." ^ Harper's Weekly did not profess to have 
seen in the Democratic convention a very brilliant sign of 
" the great reaction ".^ " The convention showed that the 
Democratic party is the same party, controlled by the same 
leaders as for the last ten years ".■* 

In keeping with the Republican abuse of the Democratic 

» New York Tribune. Oct. 8. 1867. 

* New York Times, Oct. 5, 1867. 

* Harper's Weekly. Oct. 19, 1867, p. 659. 

* Ibid. 



lg2 POLITICAL HISTORY OF NEW YORK STATE [182 

convention at the hands of the City papers, the Republican 
State journals found no good in it, with the exception of 
the Utica Morning Herald, which admitted that the ticket 
contained some good names/ Mr. Roberts saw in the 
McKeon revolt signs of hope for a reorganized Democ- 
racy.^ *A metaphor conveyed the contempt of the Buffalo 
Express, which may be taken as typical of the up-State 
Republican attitude towards Democracy in the early cam- 
paign : " Never was there a combination selected for a 
ballot which bore so distinctly the mildew of defeat upon 
its swaddling clothes as this." ^ 

Contrasted with the slur of the Republican organs on the 
Albany convention, the up-State Democratic editorial opin- 
ions rang true, a statement which is made advisedly. The 
confidence of the State Democrats was marked. The har- 
mony of the Albany convention could mean but one thing. 
The reaction in favor of Democracy had begun.* The 
Rochester Daily Union and Advertiser marveled: "Even 

* Utica Morning Herald, Oct. 5, 1867. 

* Ibid. 

* Buffalo Express, Oct. 7, 1867. 

" The platform pledges itself to redeem the State from corruption 
and misrule when its accession to power would only plunge it more 
deeply into that vortex." 

Syracuse Daily Standard, Oct. 5, 1867. 

" Democracy is at least consistent in not placing upon the ticket 
a single soldier. They vaporize through Seymour's speech of 
' putting down the rebellion,' but they are careful not to provide 
for a single one of those who really ' put down the rebellion,' by 
nominating him for office. . . . Few soldiers would take it . . . Our 
heroes and the Democracy are at antipodes." The editor was prone 
to forget that in the previous election attacks had been made on the 
Democrats because they were trying to win the election on the popu- 
larity of the soldiers. 

Rochester Daily Democrat, Oct. S, 1867. 

* Syracuse Daily Courier and Union, Oct. 5, 1867; Buffalo Daily 
Courier, Oct. 5. 1867 ; Utica Daily Observer, Oct. S, 1867. 



183] THE CONVENTIONS OF 1867 jg^ 

that annual fire-brand of Democratic state conventions, the 
contest of seats between Tammany and Mozart Halls, was 
by mutual consent and without a murmur stifled under the 
prevalent feeling. . . ." ^ 

* Rochester Daily Union and Advertiser, Oct. 5, 1867. 



► 



CHAPTER VIII 

The Democratic Reaction 

The Republicans at the inception of the active campaign 
of 1867 attempted to throw the burden of proof upon the 
Democrats, making issue on matters of national import- 
ance. But the Democrats were too wary to be coaxed from 
their snug haven of State issues, the entrance to which was 
studded with rocks and shoals, dangerous to the New York 
Republican Ship of State. The Times gave evidence of the 
line of Republican attack in an editorial dated October 4, 
1867. 

Naturally enough, the Democratic State convention seeks to 
bring State and local issues into the foreground in the pending 
canvass. The attempt will not succeed. The thing cannot be 
done. This, on some accounts, is greatly to be regretted, for 
there are many questions connected with State politics of great 
importance, which demand prompt and decisive decisions. 
But, from the necessity of the case they must be postponed. 
The restoration of the Union is the main question before the 
country and must so remain until it is finally decided.' 

The Times, in its attitude of conciliation and loyalty, 
further maintained that the Congressional plan of recon- 
struction was the only plan before the country. " It is that 
or nothing." ^ 

In conducting the fall campaign, the Tribune repudiated 

• New York Times, Oct. 4, 1867. 

* Ibid. 

184 [184 



185] THE DEMOCRATIC REACTION 185 

the Radical resolution on the excise and Sunday laws/ 
The laxity in the enforcement of these laws increased the 
activity of the Prohibition party and the various temper- 
ance organizations, making the Prohibition movement one 
to be reckoned with. The constitutionality of the excise 
act, recently passed, had been unanimously confirmed by 
the Court of Appeals, in spite of the fact that it had been 
questioned by certain of New York City's honored judges.^ 

* New York Tribune, Oct. 17, 1867. 

'Harper's Weekly, ]?iX\. 19, 1867, p. 34, summarized, from the report of 
the Police Board, the condiaon of the City in respect to the retail liquor 
trade when the board of excise was organized. " On the first of May, 
1866, there were 9,250 places where intoxicating liquors were publicly 
sold. Of this number only 754 pretended to have licenses leaving about 
8,500 open violators of the existing law. The State law already for- 
bade the sale of liquor on Sunday, but at all of these 9,250 places the 
law was publicly violated every Sunday. From the sale of licenses 
there should have been a large revenue, and for some years there had 
been boards of excise to grant licenses. Yet in i860, the city 
revenue from this source was $54,580, which was equal to 1,819 
licenses at $30 each. In 1864 the revenue had dwindled to $12,450, 
equal to the proceeds of only 415 licenses at the same rate. The 
board under the new law established two classes of licenses, one 
class of $250 permitting the sale of strong liquor to be drunk on 
the premises; and one of $100 for the sale of ale and beer only. 
Of these licenses 5,697 were issued, 3,567 of the first class and 2,098 
of the second. The total amount of revenue thus collected was 
$1,108,925. Early in June the Cardozo batteries were in full play 
upon the board. Eight hundred and fifty-four suits were entered and 
as many injunctions granted, of which that illustrious ornament of 
an elective judiciary issued 704. . . . This cannonade silenced the 
operation of the excise board about July first, until the highest 
judicial decision could be obtained. The advantage of the law to the 
revenue and the saving to the tax-payers we have already mentioned. 
Its service to public order may be estimated from the fact that on 
eight Sundays of May and June in 1865, under the old system, the 
arrests of drunken and disorderly persons were 1,078: on eight Sun- 
days of the same months in 1866, under the new system, there were 
523, showing a difference of 555. But when the Cardozian raid upon 
the law took effect, the comparative result was as follows. On the 
thirteen Sundays of July, August and September in 1865, the arrests 
were 2094, on the corresponding days of 1866 they were 2125." 



l86 POLITICAL HISTORY OF NEW YORK STATE [i86 

'file light made by the liquor interests, aided by a corrupt 
judiciary under the inspiration of William M. Tweed, 
against the excise and Sunday laws for New York City 
furnished one of the chief centers of battle in the local 
election. Greeley made his action in repudiation of the 
excise movement an occasion for a personal tilt with Ray- 
mond, whom he tried to make appear as having gone back 
on his temperance pledges made in 1854 when running for 
lieutenant-governor of New York/ It is hard to see what 
Greeley expected to gain by this attack, other than personal 
gratification. 

The Democrats, in general, counted upon the public dis- 
satisfaction, caused by Republican excesses in office and 
the absurdities of prominent members of the party, to turn 
the campaign in their favor; while the Republicans, ad- 
mitting that there was corruption in their midst, sought to 
show a greater corruption in the unpatriotic course of the 
Democratic party. It was on these points that the active 
campaign was waged. Both sides paused to await the ver- 
dict of the early fall elections. 

The October elections, held on the 8th in Ohio and Iowa 
for State officers, and in Pennsylvania for a judge of the 
supreme court, as well as members of the legislature, gave 
warning of the result to follow in New York. Pennsyl- 
vania went Democratic by a majority of 922 on the vote 
for judge of the supreme court. ^ Ohio, although it selected 
Rutherford B. Hayes for the governorship over x\llen G. 
Thurman by a majority of less than 3,000, sent in a Demo- 
cratic legislature and defeated the negro suffrage amend- 
ment by a vote of over 50,000.* In Iowa, as in all other* 

• New York Times, Oct. 5, 1867. 

' Tribune Almanac. 1868, p. 44. ' Ihid., p. 45. 

* Ibid., pp. 43-72. Cf. also New York papers, Oct. 8-14, 1867. 



187] THE DEMOCRATIC REACTION 187 

of the States holding local elections, the Democrats showed 
a startling increase in their strength. 

At once all Republican papers and leaders throughout 
the nation attempted an explantion of the phenome- 
non.' Especially did Greeley and the Republican edi- 
tors of New York State attempt a solution. Among the 
general causes given for the weakening in Republican 
strength were : the mistakes of the Radicals in their atti- 
tude toward negro suffrage ; Reconstruction ; the general 
reaction in business extending over the whole country due 
to a return to normal phases of business activity, prices and 
and life; and the advocacy by the Western Democrats of 
the payment of the five-twenty bonds in greenbacks. Con- 
ditions in New York point to negro suffrage and the un- 
settled status of business as the causes which chiefly af- 
fected New York State. 

Raymond, with his characteristic independence, cautioned 
the Republicans to put forth greater prudence in the man- 
agement of party interests if they wished to retain the 
State. He could not help but show his wound, though 
healed. 

The leadership of the Republican Party has grown arrogfant 
and reckless. . . . The most extreme theories of the wildest 
and most impracticable theorists have been forced upon the 
party as the basis of its creed : and the oldest, strongest and 
most devoted and efficient men of the party have been spurned 
and traduced, with reckless violence, if they failed or faltered 
in giviHg their assent." 

Mr. Greeley, in commenting upon the election in Penn- 
sylvania, issued a warning to the Republicans of New York. 

' See Letters of John Sherman: The Nation, Nov. 14, 1867; Rhodes. 
History of the United States. 
* New York Times, Oct. 10, 1867. 



POLITICAL HLSTORY OF NEW YORK STATE 



[I! 



It was supposed that anything- would be elected that could get 
on the Republican ticket ; so nominations were made that the 
people would not support ; while the Democrats, having little 
hope of success, nominated three soldiers, who had a good war 
record, for the best offices, and so gained thousands of votes. 
We trust the lesson will not be lost on those who control nom- 
inations in our state. We can tell them that the legislative 
jobbers and railroad robbers who are 'fixing things' in several 
districts to nominate themselves to our next Legislature may 
buy ever so many delegates, but cannot buy the people. Mr. 
Jacob Sharp, for example, will waste his money if he uses it 
to achieve a Republican nomination.^ 

In the same vein the Times warned the Republican man- 
agers that several nominations already made, if persisted 
in. would cost the State ticket a good many votes. The two 
most conspicuous cases ' were those of Senator Williams, 
of the Cayuga district, who had had a notorious legislative 
career, and Matt P. Bemis, of Chautauqua, who had been 
renominated for the assembly. The Albany Evening Jour- 
nal spoke of the renomination of Senator Williams in the 
Cayuga and Wayne districts as having been perfectly "reg- 
ular " and as therefore binding on every Republican voter. 
The convention by which it was made consisted of thirteen 
delegates, six from Wayne and seven from Cayuga. It is 
true that the teller of the convention certified that Williams 
had seven votes ; but every one of the seven delegates from 
Cayuga made an affidavit that he had not voted for him.'* 
The Times asked. " Now, if a nomination thus made can 
be deemed regular ... we should like to know what 

^ New York Tribune, Oct. lo, 1867. 

'Other cases were — Mr. Kimball, of Franklin; Gideon Searle and 
E. C. Topliff, of Cattaraugus. A portion of the Republicans of Cat- 
taraugus petitioned against nominations of the latter two. New York 
Evening Post, Oct. 22,, 1867. 

* Albany Evening Journal, Oct., 1867. 



k 



189] THE DEMOCRATIC REACTION 189 

would be deemed irregular." ' The Commercial Adver- 
tiser asked regarding Mr. Bemis — " Are the Republican 
electors of Chautauqua so fallen that they desire to be rep- 
resented in the legislature by a man who was for a long 
time hiding in Canada to avoid the service of process upon 
a charge of legislative corruption? " ^ 

While the Republicans were universally explaining the 
October defeat, saying that it was but a falling off from the 
Republican vote rather than an increase in Democratic 
strength, the Democrats w^ere uniformly rejoiced. The 
Democrats of New York seemed to feel victory in the air. 
An ever-ready political indicator, Fernando Wood, the 
first boss of Tammany,^ at once openly made his plans to^ 
place himself as the next mayor of New York. He com- 
placently laid down his platform, and gave his nomination 
to the most faithful of his henchmen. 

On the evening of October 16, 1867, a large, enthusiastic 
Republican rally was held in Cooper Union to ratify the 
Republican nominations. The sentiment of the meeting 
was easily revealed by the mottoes pendent from the ceil- 
ing. Chief among them were : " Andrew Johnson — - 
Traitor, Renegade, Outcast " ; " Our Statesmen — Fenton. 
Conkling, Morgan, Van Wyck, Tremaine, Hutchins ". 

* New York Times, Oct. 31, 1867. 

* New York Commercial Advertiser, Oct. 2, 1867. Bemis came from 
Fenton's district. The Commercial Advertiser positively remarks — 
" Bemis claims to be the especial friend of Governor Fenton, in 
whose name he negotiates for the Governor's autograph to bills, and 
for whom, as he claimed, he obtained money last winter at Albany 
from the Central Railroad. We do not say that this was done for 
Governor Fenton or with his knowledge. Bemis either told the truth 
or obtained money under false pretences. This, at any rate, is time to 
test the question. If it is true, then it is easy to see why the Gov- 
ernor wants Bemis in the legislature. If false, decent considera- 
tions of self-respect will induce him to veto that nomination." 

' Gustavus Myers, History of Tammany Hall, passim. 



I go POLITICAL HISTORY OF NEW YORK STATE [igo 

Prominent among those present were Ex-Governor Mor- 
gan, Horace Greeley, Chauncey M. Depew, John A. Ken- 
nedy, William M. Evarts, Charles S. Spencer, John Coch- 
rane and Peter Cooper. Horace Greeley's hold on the 
party at this time was in a small way indicated by the hur- 
ricane of applause with which he was greeted when he read 
the resolutions of the meeting, the tenor of which was to 
uphold the worthiness of certain of the Republican candi- 
dates for office, while the plank in the convention platform 
which condemned corruption was strongly approved.^ 
William M. Evarts in addressing the assemblage struck the 
keynote of the campaign. '* The Democrats now seek to 
restore the ' lost cause '. It is Pendleton and Vallandig- 
ham, of Ohio, and Seymour and Wood, of New York, and 
Pierce, of New Hampshire, trying to restore the triumph 
of the beaten rebellion. Shall we allow the Government to 
pass into the hands of such men?"^ Ex-Governor Mor- 
gan made the chief address of the evening. He referred 
to the Congressional conditions imposed by Congress 
on the lately rebellious States as a vital necessity to 
the country's safety. He maintained that the only true 
safeguards against civil disorder in the South were impar- 
tial manhood suffrage and popular education. The cur- 
rency should be returned to a firm specie basis and all debts 
paid. Chauncey M. Depew next spoke, " with the wis- 
dom that surpasseth knowledge," on the question of taxa- 
tion, State and National. He " counseled Congress to 
meet every proposition tending to increase taxation, when 
not demanded by the soundest statesmanship, with em- 
phatic refusal ".^ 

1 New York Herald, Oct. 17, 1867. * Ibid. 

' New York Herald. Oct. 17, 1867. On October it,, 1867, Speaker 
Colfax crowded Cooper Union with Radicals. He ar.sjued in favor of 
Grant and demanded Johnson's impeachment. New York Tribune, 
Oct. 24, 1867. 



jC|i] THE DEMOCRATIC REACTION 191 

It would not be in accord with fact to state that the 
Democrats gave themselves up entirely to rejoicing as a 
result of the October indications of a Democratic victory 
in November/ Both the Sun and the World issued warn- 
ings to the Democratic party to beware of excesses. " The 
tendency of successful parties," reminded the World, " is 
to forget that society never stands still . . . that the policy 
of a past generation can never exactly tally with the wants 
of the present." " That a similar reaction against the 
Unionists in favor of Democracy had swept the country 
from New York to Illinois in 1862, was pointed out by the 
Herald:' but the advantage had been swept away by the 
blunder of following Copperhead leaders. Doubtless the 
attitude of caution which the Democracy of New York 
State assumed after it had become apparent that the tide 
was setting in its favor had much to do with the Novem- 
ber victory. Certain it is that the Democratic press all 
modeled after the World in emphasizing the futility of 
counting their victory before it had been won. 

The ratification of the Democratic State and local 
tickets occurred on October 25th. Horatio Seymour, 
Hon. Henry C. Murphy and Mr. J. G. Martin were the 
prominent speakers. By placing the charge " upon the Re- 
publican party that they have been less patriotic than our- 
selves," * Mr. Seymour afforded a few of his hearers, at 

1 New York Evening Post, Oct. 17. 1867. "We have always agreed 
with the Democrats on the subjects of free trade, the currency, 
state independence, and local self-government, but it must not be 
inferred that we are wholly satisfied with them, either in the past 
or present." 

•New York World. Oct. 11. 1867: Oct. 18, 1867; Oct. 26, 1867. 

* New York Herald, Oct. 14, 1867. 

* New York Times, Oct. 25, 1867; also cf. New York Evening Post, 
Oct. 25, 1867. 



192 POLITICAL HISTORY OF NEW YORK STATE [192 

least, an acrid pleasure. Moreover, he generously ad- 
mitted, in view of his broad public life and wide experience 
with men, that had the Democratic party been placed m 
the same temptation as had the Radicals, the former would 
have erred just as grievously. That was a good deal from 
Seymour. It is not beyond the range of probability that 
Seymour's knack in skilfully dodging the real issues, as in 
his convention speech, and his diplomatic endeavors to as- 
suage the bitter feelings of the war-time, brought the 
Democrats many votes. 

Party managers on both sides kept their weather eye 
upon the Presidential canvass for the following year. 
Thus early, the Times predicted that a military hero would 
perforce be nominated, if the party were not to be over- 
Vk^helmed in defeat.^ The feeling was prevalent that had 
the elections of 1867 gone with the usual Radical flavor 
almost any man whom the party chose to nominate for 
President would be easily elected. Perhaps the prefer- 
ence would have gone to Justice Chase. However, the 
election results, especially in Ohio, demonstrated how great 
had been the revulsion of feeling away from the principles 
for which Judge Chase and his colleagues stood. The 
name of Grant, under the existing circumstances, was in 
the minds of both Radicals and Democrats as the most 
available candidate.^ 

^ New York Times, Oct 17. 1867. 

* James Ford Rhodes, The History of the United States. The New 
York Herald, Oct. 14, 1867, and the New York Commercial Advert- 
iser, Nov. 8, 1867, urged Grant's name strongly. The New York 
World, Oct. 12, and 17, 1867, attempted to persuade Grant that he 
had not the sUghtest chance of election. New York Tribune, Nov. 
8, 1867. Greeley professed to see in Pendleton, of Ohio, Democratic 
candidate for vice-president in 1864, the next Democratic President 
and apropos of the defeat of negro suffrage in Ohio stated that Val- 
landigham (noted Copperhead) would be able to beat Grant if the 
blacks were not enfranchised. 



193] THE DEMOCRATIC REACTION 1^3 

Mid-campaign found both parties exhibiting general 
apathy/ In New York City more interest was displayed 
in the coming charter elections than in those of the State. 
The orators of the Republicans spent all their powder on 
the policy of reconstruction without adding anything new, 
and made people grow weary in disgust.^ As events proved, 
the people cared more about taxation than threats of im- 
peachment. Messrs. Sumner's and Stevens' theories as to- 
Republican government in States had less interest than the 
Congressional efforts at retrenchment. The various leak- 
ages in the national treasury due to fraud had greater 
charm than legislation fostered in favor of special inter- 
ests. The question of inflation was a more potent cause 
for terror than the probabilities of proscriptive legisla- 
tion at the hands of extremists. These were a few of the 
more important points wherein the political managers of 
the Republicans failed to gauge the thoughts of the 
more intelligent people. That the Times understood this 
failure on the part of the Republicans is shown by its early 
preparation for disaster. On October 25th it announced 
that " the Republican party has an up-hill task in the 
coming election, but it is making a vigorous and resolute 
effort for success. The State is very close at best and the 
October elections in other States always exert a very de- 
cided influence on our own." ^ 

On October 24th a State convention of brewers, 
hop growers and liquor dealers was held in New York 
City. So prominent had the excise question become 
in the campaign that the liquor interests were in grave 
fear lest the excise law, if not checked, should be the 
forerunner of Prohibition. Candidates for the assembly 

' New York Sun, Oct. 22, 1867. 

* New York Times, Oct. 23, 1867. 

* New York Times, Oct. 25, 1867. "■ 



194 POLITICAL HISTORY OF NEW YORK STATE [194 

and senate were nominated and were pledged to work for 
the appeal on the amendment of the excise law.^ Arthur 
Brown, of Oswego, was elected president of the conven- 
tion and Richard Katzenmeyer, of New York, secretary. 
A series of resolutions were drawn up decrying the ex- 
cise law and with altruistic motive pointing out the way 
whereby the ethical and physical condition of men could' 
be uplifted by a gradual emancipation from the drink 
habit' 

Another matter which had considerable effect upon the 
brewers' convention, and a decided effect upon the cam- 
paign as a whole, was the discovery by the revenue and 
treasury officials of large frauds among certain New York 
distilling firms.^ These discoveries were made in connec- 
tion with investigation into whiskey frauds all over the 
country, but especially in the East. The brewers were 
keenly alive to the discredit and suspicion cast upon them 
by the dishonesty of certain of their number. Moreover, 
they felt the reflex action because the frauds had occurred 
during their regime. The Herald* the Evening Post/' and 

' New York Times, Oct. 25, 1867. 

* New York Times, Oct. 25, 1867. The appeal made by the con- 
vention of brewers to the Argumentuin ad hominem is humorous in 
the extreme ..." the most effective way to check intemperance is 
gradually to detach the people from their old habits of drinking sirong 
and ardent spirits, by placing within their reach a mild nutritious sub- 
stitute containing stimulating power, in a less degree. . . . Malt 
liquors, in consequence of their dietetic, nutritious, tonic and other 
wholesome qualities, their purity and their tendency, when used as a 
beverage, to gradually create a distaste for strong liquor, have been 
found to be the most wholesome, but at the same time the cheapest 
substitute." 

*The disclosures in connection with the Bourbon Company of New 
York City created the greatest outcry. New York Tribune, Sept. 21, 
1867. New York Herald, Oct. 21, 1867. 

* New York Herald, Oct. 21, 1867. 

* New York Evening Post, Oct. 8, 1867; Nov. 13, 1867. 



ig,-] THE DEMOCRATIC REACTION 19- 

the World ^ gave especial attention to the whiskey fraud 
disclosures in New York. The Evening Post did not con- 
fine itself to the whiskey frauds but boldly attacked the 
customs revenue collections in New York City, stating that 
" the amount of cigars and manufactured tobacco pro- 
duced in the City of New York and paying no tax is so 
great as to demand the special attention of the depart- 
ment ".^ Under the caption " The Way the Government is 
served ", the Nation pointed out that through frauds, 
waste and the incompetency of employees at the New York 
custom house, from $12,000,000 to $25,000,000 was lost 
to the United States annually.^ 

As a result of the attacks of the Nation and the Evening 
Post on the custom and revenue officers of the administra- 
tion, and the constant hostility of the Commercial Adver- 
tiser ■* towards the Tribune, Horace Greeley turned his 
batteries upon these publications, including the Times, in 
the conservative group. A merry internecine war fol- 
lowed between the two groups of journals representing the 
Conservative and the Radical factions of the Republicans. 
While Greeley, as commander of the Radical faction, was 
leading the cohorts of lesser State journals against such 
" political wire-workers and hangers on " as the Commer- 
cial Advertiser ^ and the Times and the Nation, who were 
" filling the air with raven croakings and doleful prognos- 
tications "," the Democrats, taking advantage of this 

> New York World, Oct. 10, 1867; Oct. 17, 1867. 
' New York Evening Post, Oct. 8, 1867. 

• The Nation, vol. i. ii, p. ig8, Feb. 15, 1866. 

* New York Commercial Advertiser, Oct. 2, 1867; Oct. 22, 1867, et al. 

* New York Commercial Advertiser, Oct. 2, 1867. The Commercial 
Advertiser was extremely bitter against Greeley for supporting Sena- 
tor Humphrey, of Wyoming, for re-election, against whom he had 
previously directed his blows for corruption. 

• New York Tribune, Oct. 22, 1867. 



ig6 POLITICAL HISTORY OF NEW YORK STATE [1^5 

brotherly falling-out, exerted every energy to gain votes. 

As the campaign wore on, the politics of New York City 
became extremely complex, not because of any acute condi- 
tions in the affairs of the City at the time but rather on ac- 
count of a glut in political organizations. By the middle of Oc- 
tober no less than seven distinct organizations were at work 
in the City. In several instances several regular candidates 
were running for the same office, in addition to self-nomi- 
nated " Independents ". The various organizations formed 
chiefly from intestine dissensions were as follows : the 
Union Republicans, Radical Republicans, Tammany Hall, 
Mozart Hall, the McKeon Democracy, the Union Democ- 
racy and the Constitutional Union party. The first two 
represented respectively the Conservative and the Radical 
factions of the Republican party, Tammany Hall stood for 
the Democrats, Mozart Hall was the political child of Fer- 
nando Wood which had been brought into the world for 
the purpose of aggrandizing Fernando.^ John McKeon, 
who had broken with Tammany Hall through its failure 
to divide up patronage among his followers to his satis- 
faction, had followed Wood's example and had organized 
a party all his own. The remaining two parties had origin 
in quarrels with Tammany over spoils. The last three or- 
ganizations — the McKeon Democracy, the Union Democ- 
racy, and the Constitutional Union party — all Democratic 
— were managed solely for " bargain and sale " ; ^ that is, 
they threw their influence wherever it would command the 
highest price. However, it is estimated that their total 
voting strength would not exceed five thousand. The first 

' Mozart Hall was organized by Fernando Wood in 1858 for the 
purpose of making Wood a political power in New York City. It 
nominated him for Mayor in t86i, but he was defeated by a small 
plurality. After 1866 Mozart Hall put no candidates in the field. 

* New York Times, Oct. 27. 1867. 



197] -^^-^ DEMOCRATIC REACTION igy 

four organizations mentioned, viz. : the two wings of the 
Republicans and the Tammany and Mozart Democrats, 
possessed considerable strength. 

The Union Republicans nominated no candidates except 
for State senators and assemblymen. Either with pre- 
meditation and malice aforethought or by a sublime jug- 
gling we find the name of William M. Tweed as a candi- 
date on both the Union Republican and Tammany tickets. 
A. Oakey Hall was a candidate for district attorney upon 
every ticket of Democratic color except the Union Democ- 
racy. The name of Albert Cardozo, patron of immigrants, 
was found upon the entire five of the Democratic tickets 
for Justice of the Supreme Court. ^ 

Much to the chagrin and fear of the Republicans, the 
venality of the Republican legislature was given a fresh 
airing. On October 26, 1867, State Senator Wolcott J. 
Humphrey, of Wyoming, was arrested at Warsaw on a 
warrant issued upon an affidavit made by Hugh B. Will- 
son ^ which charged him with bribery and corruption in 
office. It appears that Senator Humphrey during the ses- 
sion of 1867 was a member of the senate railroad com- 
mittee, and had declared, so his accuser claimed, that he 
would hold up certain legislation in the committee unless 
he was paid five hundred dollars. If the bill passed the 
senate he was to receive a further $2,500. The deponent 
claimed that he had been personally told by the accused that 
the five hundred dollars had been received. 

The Citizens' Association of New York took up the 
charges. The other two members of the " ring " which 
controlled action in the senate railroad committee were 

1 The Times for October 27, 1867, gives a complete and carefully 
prepared table of the various nominations. 

' For the affidavit of Hugh B. Willson in full see New York Times, 
Oct. 28, 1867. 



Iq8 political history of new YORK STATE [i^g 

Stephen K. Williams and Mr. Sutherland, of Westchester 
County. Mr. Williams had been publicly accused of hav- 
ing received $5,000 for three successive terms — he had 
been on the same committee for two terms — to report the 
New York Central Fare Bill.^ At the same time it was 
understood that Mr. Williams would vote against it in the 
senate, thus deceive his constituency to whom the bill was 
obnoxious. Mr. Willson's interest in the charges was neither 
partisan nor pecuniary. He had spent the greater part of 
two legislative sessions at Albany as the agent and repre- 
sentative of an association of men who sought to obtain a 
charter for the construction of an underground railroad. 
Willson claimed that the fact had been demonstrated to 
his entire satisfaction, that members of both houses of the 
legislature made offer of their votes both in committees 
and in the chamber.^ The charges resulted as usual in such 
cases — not proved. Senator Humphrey was renominated 
by the Republicans of his district. The Buffalo Express 
defended the nomination and charged that the attack on 
his character was a " Democratic Plot ".^ In commenting 
on the renomination of Humphrey by the Republicans, the 
Herald aimed a direct blow at the probity of the legis- 
lature. 

It will, however, be immaterial which way the trial may g^o. 
... If Senator Humphrey should be convicted he will only 
have proved himself the fitter candidate for the State Legislat- 
ure . . . unless it be regarded as a mean job for a Senator to 

' New York Times, Nov. i, 1867. A subsequent correspondent in 
the Times corrected this statement to the effect that Williams, in 
1865, received $5,000 to report the bill from the committee. He after- 
wards was to receive $5,000 if it passed the senate. When the bill 
came before the senate, Williams failed to vote for it and was 
forced to give back the $5,000 under threat of exposure. 

* New York Times, Oct. 30, 1867. 

* Buffalo Express, Oct. 26, 1867. 



199] THE DEMOCRATIC REACTION 199 

sell himself so low as five hundred dollars, and as improperly 
depressing: the market for Assemblymen and lobbymen.' 

The World contributed its share to the exposure of the 
dark ways of public officers, by using with telling effect 
against the Republicans the admission of Auditor Benton, 
president of the State contracting board, that he had re- 
ceived and disbursed thousands under the pretext of erect- 
ing a public hall.^ Small comfort was afforded the Repub- 
licans by the Times, which decried certain of the Repub- 
lican nominations as loudly as did the Democratic organs. 
" If the Republican party will take the responsibility of 
nominating men who have laid themselves open to such 
charges, the welfare of the party will be best promoted by 
their defeat," ^ reveals the opinion of the Times, which may 
be taken as representing the best sentiment among the Re- 
publican organs.* 

^ New York Herald, Oct. 28, 1867. 

* New York World, Oct 16, 1867; Oct. 22, 1867; Oct. 24, 1867, et al. 
' New York Times, Oct. 30, 1867. 

* Harper's Weekly, May 4, 1867, p. 274. 

The editorials of Harper's Weekly may be taken as representative 
of the better class of criticism which was heaped upon the New York 
legislature because of its corruptness. "The Senate knoA^s that the 
air is thick with this talk of venality in the Legislature and that it is 
expected the Constitutional Convention will supply some remedy. In- 
deed nobody, probably, will deny that the pressure of business upon 
the Legislature is overwhelming : that the most important bills are 
rushed through at the last moment . . . : that the most outrageous 
jobs are constantly presented in the form of bills and that they are 
passed or defeated only by the most enormous expenditure of money. 
These are undeniable fac's. . . . How shall it be remedied? . . . The 
great remedy is of another kind, for it is moral. A purer public 
opinion : a refusal to submit to exactions even if refusal be very 
costly : a relentless exposure of persons and attempts : a willingness 
of good men to take offices at personal sacrifices : a clear percept on 
of the national ruin which inevitably follows the mad greed of gold. 
.... The most cunning Constitutional Convention cannot devise a 



200 POLITICAL HISTORY OF NEW YORK STATE [200 

The Republicans throughout the campaign attempted to 
counteract the Democratic attacks on the corruption among 
the RepubHcan officers and in the legislature, by charging 
to the " Ring " controlled by William M. Tweed a multi- 
tude of " robberies "/ However, the Republicans were 
compromised in their attempt to make political capital out 
of Tweed and Tammany Hall, by the fact that Tweed him- 
self was a candidate for State senator on the Union (or 
Conservative) Republican ticket. Apropos of Tweed's 
nomination the Tribune called for the opinion of the Times, 
the representative of conservatism. The latter replied — 
"We regard the nomination as one 'not fit to be made ' . . 
if Conservative Republicans or any other Republicans can 
find no better representative than W. M. Tweed, we trust 
they will be kept out of office permanently." ' 

A general awakening to the machinations of the "Tweed 
Ring ", as controlled under the name of Tammany Hall, 
was becoming current at this time.^ Before any actual dis- 
closures as to the operations of Tammany had been made, 
the generosity displayed in building a new hall on Four- 
teenth Street had aroused the suspicions of the people. 
During the course of its construction the building funds 
became insufficient. Grand Sachem John Kelly, stated 
that a loan of $250,000 was needed; $75,000 had been sub- 
scribed immediately, fifteen members alone having sub- 
system which will create an honest government out of a dishonest com 
munity. Every thoughtful individual citizen of the state must set his 
face sternly and unswervingly against every form of corruption di- 
rect or indirect, and then we shall have a beginning of reform. 
Howling at the Legislature for corruption and then bribing it will 
not purify that body." 

' Utica Morning Herald, Oct. 31, 1867. Roberts scored Tweed and 
the legislative purity unmercifully. 

* New York Times, Oct. 30, 1867. 

* See Myers, The History of Tammany Hall, p. 252. 



20l] THE DEMOCRATIC REACTION 201 

scribed $10,000 each.' Moreover, what was more aston- 
ishing happened when Peter B. Sweeny, the City cham- 
berlain, gave to the City for the benefit of taxpayers over 
$200,000 in fees and interest money which were his law- 
fully. ^ Harper's Weekly was the first organ of note to 
direct thus early an unceasing fire on the " throttling iron 
ring " ^ which held New York City at its mercy.* 

In viewing the campaign through the eyes of the State 
journals one is impressed with the conservatism of the Re- 
publican editors. The leading Republican organs of the 
State constantly warned their party that victory could not 
be earned by stirring up the past record of Democracy, but 
only by constructive efforts. The volume of Republican 
editorial warning increased after the results of the October 
elections became known." At the same time the Republican 
State editors pretended to consider the October reverses as 
indicative of poor Republican organization, nothing more.® 

The Republican State editors, however, were not conser- 
vative to the extent that President Johnson or his policy 
escaped severe censure. '^ Neither did they fail to direct 

' Myers, op. cit., p. 257; Cf. New York Herald, Sept. 10, 1867. 
' Myers, op. cit., p. 257. 

* Harper's Weekly, Jan. 5, 1867, p. 2, May 5, 1867, p. 274. 

* The gigantic frauds perpetrated on the people of New York State 
were not definitely exposed until 1871. 

'Buffalo Express, Oct. 11, 1867; Rochester Daily Democrat, Oct. 
7, 1867; Utica Morning Herald. Oct. 10, 14, 1867; Broome Weekly 
Republican, Oct. 2, 1867. 

'Syracuse Daily Journal, Oct. 11, 1867. The Buffalo Daily Courier, 
Oct. 19, 1867, (Dem.) saw in the October elections " disgust at the 
fruits and fear of the results of Radical rule." Liquor laws, local 
quarrels, unpopular candidates or apathy were not the cause. 

'Buffalo Commercial Advertiser, Oct. 2, 1867; Rochester Daily 
Democrat, Oct. 26, 28, 1867. The Syracuse Daily Journal, Oct. 14, 
1867, however, repented of its support of the Radical Congress dur- 
ing the mid-campaign. It considered that Congress was neglecting 
the national interests of the country in the interest of strengthening 
the Radical parly at the expense of the South. 



202 POLITICAL HISTORY OF NEW YORK STATE [202 

attacks against the Democratic stand for greenbacks and 
equal taxation, nor against payment of the debt/ Further 
the matter of the Fourteenth Amendment was constantly 
urged, especially in connection with the discussion of the 
Constitutional Convention of 1867, which had adjourned 
over the election.^ 

The opposition organs of the State fought over the action 
of the Constitutional Convention in taking an adjournment 
more uniformly than those of the City. The Republican 
organs maintained that, even if it were illegal for the con- 
vention to adjourn, the legislature would legitimatize its 
acts upon reconvening.^ On the other hand, the Democratic 
papers assumed that the convention was legally dead and 
made all manner of ridicule over its preference to die rather 
than to swallow its own medicine — negro suffrage.^ 

It was in the matter of Republican corruption, neverthe- 
less, that the Democratic State journals found their adver- 
saries weakest spot. The Republicans denied as best they 
could that corruption and dissensions had lodged in their 
midst, ° but the Democrats would not be silenced. It was 
disclosed that an organized revolt had occurred in the Re- 
publican ranks of Yates County under the leadership of the 
Penn Yan Chronicle.^ In Genesee County great dissatisfac- 
tion had occurred among the Republicans over the over- 
throw of Judge Taggart by the county committee. ^ The 
arrest of Senator Humphrey, the Republican candidate, has 

* Utica Morning Herald, Oct. 23, 1867; Buffalo Commercial Ad- 
vertiser, Oct. 7, 1867. 2 j/ide infra, ch. ix. 

•Syracuse Daily Journal, September 28, 1867; Broome Weekly 
Republican, Sept. 25, 1867. 

* Utica Daily Observer, Sept. 25, 1867; Buffalo Daily Courier, Sept. 
26, 1867. 

'Rochester Daily Democrat, Oct. 10, 26, 28, 30; Nov. 4, 1867. 

8 See Penn Yan Chronicle, Sept. 27, 28, 29, 1867; Oct. 6, 8, 10, 1867. 

' Rochester Daily Union and Advertiser, Oct. 12, 1867. 



203] THE DEMOCRATIC REACTION 203 

already been referred to.^ In Chautauqua County, Hon. D. 
H.Waite had severed his connection with the Chautauqua 
Democrat, a RepubHcan organ. ^ Mr. Waite had bitterly 
denounced the nominating convention which had nomi- 
nated, and was controlled by, such " Rottens " ^ as Messrs. 
Williams, Sessions and Bemis. Further Republican disso- 
lution had occurred in Monroe, Cayuga and Seneca coun- 
ties.* Practically all of the up-State Republican organs 
preferred to go no further with the charges of corruption 
lodged against them than a plain denial. The Daily Demo- 
crat was an exception to the rule. It devoted considerable 
energy to the defense of Senator Humphrey,^ and of John 
M. Hammond, the Republican candidate for canal commis- 
sioner who had been accused of wrong doing in connection 
with the canal board in 1855." The Democratic journals 
of the State took great delight in reviewing old editorials 
of staunch Republican papers, such as the Albany Evening 
Journal. The Syracuse Courier and Union proved a veri- 
table thorn in the flesh of the Evening Journal. During 
the previous spring the Evening Journal had exhibited great 
disgust with the venality of the Republican legislature at 
Albany, which was then in the throes of the Erie Railroad 
war. The Evening Journal had also predicted the down- 
fall of Thaddeus Stevens "^ and had severely criticised the 
tinkering with the New York City municipal laws.^ 

1 Rochester Daily Union and Advertiser, Oct. 12, 1867, supra, p. I97- 

* Chautauqua Democrat, Oct. i, 2, 3, 1867. 

•The term "Rottens" was used to designate corrupt candidates. 

* Rochester Daily Union and Advertiser, Oct. 12, 22, 26, 1867. 

* Rochester Daily Democrat, Oct. 26, 28, 30, 1867. 

* Ibid., Oct. 21, 1867. The Daily Democrat cleared Mr. Hammond 
to its complete satisfaction, which appeared in keeping with the re- 
port of the former investigating committee. 

' Albany Evening Journal, Apr. 29, 1867. 

8 Albany Evening Journal, quoted Syracuse Daily Courier and Union, _ 
May 15, 1867. 



204 POLITICAL HISTORY OF NEW YORK STATE [204 

The excise movement was especially fostered under the 
benign influence of the Tribune. On October 29th, a mam- 
moth meeting was held at Cooper Union, where the 
Rev. Dr. Newman Hall, a famous London divine visiting 
in this country, gave the chief address. Greeley also spoke. 
He incisively attacked the liquor dealers' position, showing 
that the excise act was not a new law, as Sunday liquor 
selling had long been enacted against, but that the law had 
been ignored. " The opponents of the law," said Greeley, 

do not desire to repeal : they only want tolerated lawlessness, 
and with that they would be satisfied. They cry out ag^ainst 
the State Police, because that body faithfully enforces a State 
Law. Give us Wood or HoflFman with a city Police and the 
law would become a dead letter and the liquor interests would 
be happy.' 

The weak position taken by Mr. Schenck, chairman of 
the Radical Congressional committee, in his address to the 
States having November elections, added to the Republicans' 
embarrassment. He appealed for Republican victories as 
the only means of preventing a renewal of armed rebellion. 
He feared that unless the November elections went Repub- 
lican, President Johnson would disperse Congress by force 
or resort to violence in some form. He was right in his 
statement that people demanded the prompt completion of 
the work of Reconstruction. But he would have been of 
much greater power in the approaching elections if, instead 
of exciting passions, he had sought to allay some of the ap- 
prehension that justly disturbed the public mind regarding 
the failure of Radical Reconstruction to work according to 
plan.^ 

' New York Tribune, Oct. 30, 1867. 
* New York Times, Oct. 31, 1867. 



205] THE DEMOCRATIC REACTION 205 

The Democrats held their last grand rally on October 
31, 1867, at Cooper Union. It was in reality their first 
united meeting. Mr. James T. Brady, as chairman of the 
meeting, voiced its sentiments when he referred to the 
present leaders of the Radical party with such little pleas- 
antries as that '* miserable dirty dog Sumner and the super- 
annuated old fool Stevens ".^ Charles S. Thayer empha- 
sized the necessity of winning New York City, if the Demo- 
cratic party would win the State. Outside timber was im- 
ported in the shape of Mr. Voorhees, of Indiana, and Mont- 
gomery Blair. Both discussed the issues from a national 
viewpoint. Samuel S. Cox provoked storms of laughter 
and applause with his mythical illustrations ^ of God shak- 
ing the Republicans over Hell, their safety depending either 
on the sincerity of their repentance or the strength of their 
breeches. 

That the Republicans were not alone in their family 
troubles was made apparent through the Democratic papers 
outside the State. These were less reserved than the local 
organs, whose silence was significant. The schism which 
existed within the Democratic ranks was as real as that 
within the lines of their opponents, and it caused constant 
jealousies, lukewarmness, and a widespread disgust. A 
writer to the Charleston Courier said that 

honest Democrats, disgusted with the men put in nomination 
in this section' of the State, will either abstain from voting- or 
support the Radical ticket. . . . The politicians can manage the 
people a good deal, but there are always in an intellectual com- 
munity like New York, enough respectable voters left who 
will not do the bidding of the party, when it compels them to 
vote for prize-fighters, gamblers or rum-sellers. . . .* 

* New York Times, Nov. i, 1867. Ibid. 

* South-eastern. 

* Charleston Courier. Quoted in New York Titues, Nov i, 1867. 



2o6 POLITICAL HISTORY OF NEW YORK STATE [206 

Just prior to the close of the campaign, Homer A. Nel- 
son, Democratic candidate for secretary of state, made a 
final bid for the temperance vote of the State in a letter to 
E. C. Delavan. In part it read : " I have to say that I sym- 
pathize warmly with the temperance reformers. I believe 
drunkenness to be the bane of the working classes. . . . 
But I cannot violate a principle, and" do not think it right 
because some persons abuse a benefit, that others should 
be deprived of it." ^ The Democrats also kept before the 
public mind to the end the failure of the Constitutional 
Convention, which had met in 1867 under Republican con- 
trol, to come to a vote on the question of negro suffrage 
before adjournment.^ This act of apparent cowardice or 
of low political strategy proved a great source of weak- 
ness to the Republicans in the campaign. The Democrats 
universally urged that the Republicans of New York were 
afraid to take their own medicine. 

As its last contribution to the campaign, the World re- 
viewed the canal frauds under the Republican administra- 
tion.* The World, further, attempted to awaken an inter- 
est in and make political capital out of the relation of the 
State banking system to the national system under the new 
law. It attempted to show how the State was the loser. 
However, the cjuestion failed to arouse much interest, being 
more a subject of national politics and of Supreme Court 
decisions.* 

Massachusetts, Maryland, Minnesota, Wisconsin, with 
New York, held elections for State officers and legisla- 

* Quoted in New York World, Oct. 30, 1867. 

* The ensuing chapter will discuss the Constitutional Convention 
of 1867 in detail. 

» New York World, Nov. 2, 1867. 

* New York World, Oct. 29, 1867; Nov. 5, 1867. Cf. the Report of 
the State Commission of Banks, New York for 1867. 



207] ^^^ DEMOCRATIC REACTION 207 

tures. New Jersey and Kansas chose State legislatures, 
while in Michigan, Illinois, Missouri and Nevada, elections 
were held for county officers. The interest felt through- 
out the country over the November elections, especially 
those of New York, was intense. As usual, both parties 
claimed to be confident of carrying the State by decided 
majorities, but the boast of the Republicans lacked the ring 
of belief. True, Governor Fenton's vote of the previous 
year had carried with it a 13,789^ majority, but that, out 
of an aggregate vote of 720 000, was rather a small mar- 
gin for sure calculation. This was especially true consid- 
ering the drift of political favor from the Republicans. 
The Times consoled itself by " believing that whatever the 
result may be, it cannot have any disastrous effect upon the 
country. It cannot prevent the success of the Republican 
party at the presidential election next year." ^ 

It was due to no fault of the weather, that old standby 
of Republicans, that they did not win. The day was per- 
fect. Apparently in this case it took more than the weather 
to bring out both parties. The falling off in numbers could 
be explained only by the lack of any popular State issue. 
The Republicans mamtained, or affected to maintain, that 
from a political viewpoint the State offices to be filled were 
not of the highest importance. There were neither Con- 
gressional elections nor a legislature to be elected which 
would choose a Senator. Why the Republicans should have 
claimed that the election had neither an intimate nor a re- 
mote bearing upon national politics, is one of those questions 
ever so gigantic because so simple. The result was a com- 
plete landslide for the Democrats. Nelson, for secretary 
of state with a majority of 47,930 votes out of a total of 

' Tribune Almanac, 1867, p. 51. 
' New York Times, Nov. 5, 1867. 



2o8 POLITICAL HISTORY OF NEW YORK STATE [208 

698,128 cast/ was second in the running to John D. Fay, 
the Democratic candidate for canal commissioner, who had 
a majority of 50,277. Thomas Hillhouse, for comptroller, 
led his associates upon the Republican ticket with a total of 
325^658.^ 

Although a number of arrests for illegal voting and riot- 
ing occurred, the election in New York City, in general, 
was very quiet. The crowds around the newspaper offices 
were immense but good humor prevailed, the general opin- 
ion being that the result was a foregone conclusion. The 
Democrats, in addition to carrying every State office, prac- 
tically made a clean sweep in New York City. One Repub- 
lican ^ and an Independent * were sent to the assembly from 
New York City. The chief point of interest in the local 

^ Tribune Almanac, 1868, p. 49. 

2 Ibid. 

The results follow: 

Republican. 

Secretary of State James B. McKean 325,099 

Comptroller Thomas Hillhouse 3?S.658 

Treasurer Theodore B. Gates 325,201 

Attorney-General Joshua M. Van Cott 325,328 

State Engineer Archibald C. Powell 324,775 

Canal Commissioner John M. Hammond 322,509 

Prison Inspector Gilbert De La Matyr 325,018 

Judge of the Court of Appeals . Charles Mason 324,477 

Dem. 
Democrat. Maj. 

Secretary of State Homer A. Nelson 373,0^9 47,930 

Comptroller William F. Allen 372,517 46,859 

Treasurer Wheeler H. Bristol 372.769 47,568 

Attorney-General Marshall B. Chamberlain. 372, 648 47,320 

State Engineer Van Rens. Richmond 364,702 39,933 

Canal Commissioner John D. Fay 372,786 50,277 

Prison Inspector Solomon Scheu 372,828 47,810 

Judge of the Court of Appeals . Martin Grover 364,849 40,372 

' George B. Van Brunt — 20th District. 

* James Irving — i6th District. 



209] THE DEMOCRATIC REACTION 209 

election appeared to center around the enforcement of the 
excise law.' 

The Tribune blamed the New York Republican papers 
for a large part in the default of voters at the polls. Gree- 
ley claimed that they had influenced the State vote to the 
extent of 50,000.' He also laid a large share of the fault 
at the door of the canal frauds and peculations during the 
past three years. The corrupt politicians who had by hook 
or crook managed to have themselves nominated upon the 
Republican ticket came in for their share of blame. 

We are beaten by the Republicans this year and the work of 
reconstruction is thus practically delayed, if not arrested. 
The Southern rebels are virtually told by the State of New 
York "Hold on! vote against Conventions wherever you are 
strong enough to defeat them ; refuse to vote wherever you 
can thus hope to discredit and damage the process more than 
by voting, and you may again resume control of your respec- 
tive States, and trample the white and black Unionists under 
your feet through the disfranchisement and virtual re-enslave- 
raent of the latter." ' 

The explanations of the Republican State organs as to 
the cause of the Republican defeat were many. Several 
minor causes were cited but the underlying sentiment 
seemed to be a distrust of and disgust with Stevens and 
Sumner.* The Syracuse Daily Journal placed the "humiil- 
iation of the Republicans " to the credit of Horace 
Greeley.'^ The feeble administration of the national 

' New York Times, Nov. 6, 1867. 

* Before the election, Greeley said that an omnibus would hold all 
of the votes that the said journals could control. 

' New York Tribune, Nov. 6, 1867. 

* Buffalo Conniier£ial Advertiser, Nov. 7, 1867; Ogdensburg Daily 
lournal, Nov. 6, 1867. 

* Syracuse Daily Journal, Nov. 7, 1867. 



2IO POLITICAL HISTORY OF NEW YORK STATE [210 

finances, the increased debt and a failure to meet the negro 
suffrage issue were given as the causes by the Buffalo Ex- 
press.^ To the Evening Journal the Republican defeat 
meant the abandonment by the people of the great prin- 
ciple of the War." Republican apathy,'^ unworthy nomi- 
nees/ Democratic reaction,'' and fraudulent voting in New 
York City,® were among other causes enumerated by the 
Republican State organs. The causes given for the Repub- 
lican defeat were essentially the same in the Democratic 
State papers.^ 

The attitude assumed by the Democrats was one which 
largely showed their appreciation of the fact that the vic- 
tory had not been entirely due to their own energies. The 
World wisely warned the Democrats not to forget them- 
selves in their jubilation. 

It will not do to assume that we have won by a simple exer- 
tion of our own party strength. The fact is true, whether we 
recognize it or not, that we are indebted for this magnificent 
and manifold triumph to citizens who have not, for the last 
few years, acted in the Democratic party.* 

A further aid to the Democrats was acknowledged by the 

' Buffalo Express, Nov. 7, 1867. 

* Albany Evening Journal, Nov. 6, 1867. 

* Syracuse Daily Standard, Nov. 6, 1867. 

* Ibid. Albany Evening Journal. Nov. 6, 1867; Utica Morning 
Herald, Nov. 6, 1867. 

* Rochester Daily Democrat, Nov. 6, 1867. 

' See John I. Davenport, The election and naturalisation frauds in 
New York City, 1860-70 (Newf York, 1894), p. 100 et seq. Ibid. Utica 
Morning Herald, Nov. 6, 1867. 

* Rochester Daily Union and Advertiser, Nov. 6, 1867; Buffalo 
Daily Courier, Nov. 8, 1867; Utica Daily Observer, Nov. 6, 1867. 

■ New York World, Nov. 7, 1867 ; Buffalo Daily Courier, Nov. 8, 
1867. 



I 



2 1 1 ] THE DEM OCR A TIC RE A CTION 2 1 1 

World, in that " a proportion of the Republicans " stayed 
away from the polls, thus lending indirect help. It was 
urged that the true policy for Democrats to follow would 
be to render it easy, or at least, not difficult, for the liberal 
Republicans to act with the Democrats in the approaching 
presidential election/ The general lack of worry on the 
part of the Republicans over their defeat was quite appar- 
ent. "The best thing that could happen to us;" "Just 
what we need ;" were common expressions among the 
cheerful Republicans." The shrewder Democratic journals, 
following in the wake of the World, fully understood the 
inevitable reaction unless the party pursued a conservative 
policy. 

' Cf. Harper's Weekly, Nov. 11, 1867, p. 738. 
* Harper's Weekly, Nov. 23, 1867. 



CHAPTER IX 

The Constitutional Convention of 1867 

composition 

The New York State Constitutional Convention, which has 
been referred to in describing the campaign of 1867, was 
held under a new plan of representation.' The legislature 
passed an act in March providing for a convention to revise 
the constitution. The election for delegates was held on 
April 23rd and the delegates then chosen were to assemble 
at Albany on the first Tuesday in June.^ The aggregate 

' Tribune Almanac, 1870, p. 32. Amendments submitted since Con- 
stitution of 1846 went into effect were : 
In 1849. On a Free School Law : 

For the law 248,872 

Against the law Qi.QSi 

In 1850. On repeal of the new School Law : 

For 184,208 

Against 209,347 

In 1854. Completion of Canals : 

For 185.771 

Against 60,526 

In 1858. On a New Convention : 

For 135,166 

Against 141.526 

* Annual Cyc, 1867, p. 543. All persons entitled to vote for a mem- 
ber of the assembly might vote for the delegates. The powerful sec- 
tional feeling still rife was shown in the provision which required a 
voter, if challenged, to prove his loyalty by taking an oath of allegiance, 
and swearing that he had not borne arms against the United States 
voluntarily, nor aided the enemy of the North, nor held any real or 
colorable office in hostility to the United States, nor voluntarily sup- 
ported such authority. Further, he had to swear that he was not a 
212 [212 



213] THE CONSTITUTIONAL CONVENTION OF 1867 213 

number of delegates was fixed at 160, each senate district 
being allowed four delegates. Thirty-two delegates were 
chosen by the electors of the entire State, but no elector 
could vote for more than sixteen of them. State conven- 
tions ^ were held by the political parties, who each nomi- 
nated a ticket of sixteen names, hence the manner of voting 
insured the success of the entire ticket of each party for 
delegates at large. 

The result of the election on April 23rd gave a majority 
of thirty-four to the Republicans.' Wliile in a measure it is 
invidious to select names from among the delegates, still 
mention of a few of the more familiar will convince one 
that the men chosen for the convention were of large 
calibre. From among the delegates-at-large we might 
select Waldo Hutchins, William M. Evarts, George Op- 
dyke, George William Curtis, Horace Greeley, Ira Harris, 
\^'illiam A. Wheeler, Charles Andrews, Charles J. Folger, 
Henry C. Murphy, Joshua M. Van Cott, Homer A. Nelson, 
Alonzo C. Paige, Francis Kernan, George F. Comstock and 
Sanford E. Church. From among the districts, the first 
sent William Wickham ; the second, Daniel Barnard ; the 
fifth. Elbridge T. Gerry ; the seventh, Samuel J. Tilden ; 
the twelfth. John M. Francis; the thirteenth, Amasa J. 
Parker; the nineteenth, Theodore W. Dwight; the twenty- 
second, Thomas G. Alvord ; the twenty-ninth, Thomas T. 
Flagler, and the thirty-second, George Barker.* There 
were men famous in State and national life, judges, law- 
deserter, nor had left the State in order to escape the draft during the 
War. These qualifications were declared unconstitutional by the Court 
of Appeals, sustaining the judgment of the Supreme Court. It was 
decided that the legislature could not add to the qualifications fixed by 
the constitution. Green v. Shumway, 39 N. Y. 418, June, 1865. 

' Annual Cyc, 1867, p. 543. 

'Republicans, 97; Democrats, 63 — Rep. maj., 34. 

• Convention Documents 1867-8, vol. i, pp. 1-3. 



214 POLITICAL HISTORY OF NEW YORK STATE [214 

yers, statesmen, journalists, historians and business men. 
The personnel was well qualified to perform satisfactorily 
any business that might come before the convention. It 
was sufficiently conservative to give a stability to a conven- 
tion which had been called to revise and improve the order 
of society rather than to overturn and rebuild. In accord- 
ance with the act the convention met at the capitol on June 
4, 1867. William A. Wheeler, from Malone, was chosen 
president.^ He was a quiet man of tremendous ability, a 
tireless worker and beloved by all. Luther Caldwell was 
made secretary of the convention, which immediately set 
to work under its various committees. 

THE JUDICIARY ARTICLE 

Probably the judiciary article of the constitution had 
caused more dissatisfaction than any other portion.^ Pre- 
dictions of its failure had been many in the convention of 
1846. The fact that it had proven difficult if not impos- 
sible for the judges to perform their functions properly 
was soon discovered to be the fault, not of the men, but of 
the system. It could hardly be expected that with eight co- 
ordinate appellate tribunals in the Supreme Court, judicial 
harmony would result. This, in addition to an annual 
change of half of the Court of Appeals, made it practically 
impossible for that court to perfonn its function properly, 
certainly, not with the promptness that would have ob- 
tained had members been chosen for longer terms. The 
latter court was without doubt in the greatest need of at- 
tention. The judiciary committee appointed on June 19th 

1 Later vice-president of U. S. under Pres. Hayes. 

'Proceedings and Debates, vol. iv, p. 2576. Mr. Alvord, of Onon- 
daga, said : " I think that I am speaking the truth when I say that the 
greatest of all matters which called for this convention at the hands 
of the people was some reform in the judiciary." 



215] -^-^^ CONSTITUTIONAL CONVENTION OF 1867 215 

was composed of fifteen of the convention's strong men.^ 
" Their patriotism, their high character, their great talents, 
their distinguished public service, their successes at the bar, 
in literature, and statesmanship," says Charles Z. Lincoln, 
" have made them famous in the annals of New York." ^ 
On August 30th, thirteen members of the committee joined 
in a report ^ presenting a complete judiciary article. Milo 
Goodrich, of Tompkins, presented at the same time a minor- 
ity report which differed radically from that of the ma- 
jority in the organization of the Court of Appeals and Su- 
preme Courts. 

The Court of Appeals received the most serious attention 
of the committee.* The majority report proposed a Court 
of Appeals composed of seven elected judges who should 
hold their office during good behavior until the age of sev- 
enty years. One of the seven should be designated by his 
colleagues to act as chief judge through his continuance 
in office. They were also to have power to appoint or re- 
move a clerk, a reporter, and such other attendants of the 
court as the law should authorize.^ The minority report 
likewise proposed a court of seven judges, who were to be 
elected by the people, however, for terms of fourteen years. 

1 New York Convention Documents, vol. iv, doc. 107, p. i. The 
judiciary committee was composed as follows: Charles Folger, Wil- 
liam M. Evarts, George F. Comstock, Joshua M. Van Cott, Charles P. 
Daly, George Barker, Francis Kernan, Waldo Hutchins, Joseph G. 
Masten, Theodore W. Dwight. x\masa J. Parker, Charles Andrews, 
Matthew Hale, Milo Goodrich, Edwards Pierrepont. 

* Lincoln, Constitutional History of New York, vol. ii, p. 248. 

* Proceedings and Debates, vol. ii, p. 2288 (1867-8). Although ap- 
proving of the majority report, Mr. Comstock withheld his signature 
because of the absence of a provision which was later adopted. 

* In the court for the trial of impeachments, neither proposals nor 
changes were made. 

* Convention Documents, 1867-8, vol. iv, no. 107, pp. 2-3. 



2i6 POLITICAL HISTORY OF NEW YORK STATE [216 

The terms of the judges elected under this system were so 
arranged that one term would expire every two years, the 
chief judge being designated by his associates. Both the 
majority and minority reports allowed the Governor to fill 
a vacancy by appointment until an election could be held. 
November 21st saw the beginning of a protracted debate 
on the judiciary article.' The amendments proposed upon 
the reading of the committee's report were numerous and 
perplexing. Mr. Ferry proposed an amendment which re- 
sembled the minority report, with this difference, that the 
judges should reside during their tenure of office at the 
place where the court was held and that the court should 
always be open for business. The chief objections offered 
to this amendment were that it would impose too great 
hardships upon the judges. Mr. Smith, of Fulton, also 
proposed a plan similar to the minority report. He opposed 
the system of life tenure for judges. 

If a bad man comes into office 'his vices are stereotyped for us 
and there is no escape from him during- his life. If, on the 
contrary, a judge be elected for a term of years and proves in- 
competent or unworthy, when his term shall have expired he 
will be out of the way and a suitable man can be elected in 
his place." 

Mr. Baker proposed nine instead of seven judges and a 
term of twelve instead of fourteen years.* His idea was to 
have a court large enough in numbers to adequately dis- 

1 Convention Documents, 1867-8, vol. iv, no. 107, pp. 15-58. The 
judiciary committee early in its sessions, for purposes of reference, 
requested Mr. Charles P. Daly and Mr. T. W. Dwight to prepare 
papers upon the French, Scotch and English judicial organizations. 
Mr. Daly prepared the paper upon the French Courts, Mr. Dvvight 
those upon the Scotch and English. 

* Constitutional Proceedings and Debates, vol. iii, p. 2167. 

3/fcid. * Ibid., p. 2167. 

\ 



217] ^^^ CONSTITUTIONAL CONVENTION OF 1867 217 

charge all duties incumbent upon them without the need 
of resort to a commission. Mr. VVakeman, continuing the 
debate upon November 22nd, declared himself opposed to 
an increased number of judges. He proposed to continue 
the number of judges at seven, but to have six of them 
elected for twelve years, while the Governor was to ap- 
point a chief judge who should hold his office for a term 
of twelve years. ^ Mr. Harris, of Albany, offered a substi- 
tute to the minority report.^ It provided that seven judges 
should be elected in the first instance, one of the seven 
going out of office every second year,^ the one having the 
shortest term to serve as chief judge, and that no judge 
who had served fourteen years was to be re-elected. Mr. 
Beckwuth, of Clinton, offered an amendment which called 
for seven judges, one of whom should be appointed by the 
Governor with the consent of the senate, who should hold 
office for twelve years. ^ Mr. Beckwith late in the debate 
agreed to accede to Mr. Harris' suggestion that the term 
of office of the chief judge be reduced to twelve years. 
The chief objection to this proposition was that it would 
break the unity of the court by creating one man more 
powerful than the rest. 

Mr. Daly, who was then one of the existing judges upon 
the Court of Appeals, on December 5th gave an historical 

1 Constitutional Proceedings and Debates, vol. iii, p. 2172. 

* Ibid., p. 2187. 

* Ibid., p. 2190. They were to be classified thus: the tenure of one 
judge would be for two years; of another for four years; another 
six; another eight; another ten; another twelve; and still another 
fourteen years. The chief judgeship would pass down from the 
judge first going out of ofiice. Each judge would be chief judge for 
two years, hence avoiding any friction among them in the eflfort to 
obtain office. This proposition came to a vote, but was declared lost, 
only the ayes being counted, which were 23. 

* Ibid., vol. iii, pp. 2190-1. 



2i8 POLITICAL HISTORY OF NEW YORK STATE [218 

resume of the defects in the judiciary system, to the dis- 
paragement of the system under the constitution of 1846. 
Mr. Comstock, of Onondaga, a brilliant lawyer and judge, 
followed him with a proposal for a court of seven members, 
to be chosen by the electors for a term of fourteen years, 
who should be ineligible for a second term/ " At the first 
election of judges under this constitution, every elector may 
vote for the chief and only for four of the associate 
judges." ^ No chief judge or associate judge was to re- 
main in office longer than the first day of January next 
succeeding his seventieth birthday. Mr. Pond proposed an 
amendment '^ which provided for ten judges in the Court 
of Appeals to be composed of four from the present court 
and provided for the election of six more, giving each voter 
the right to vote for four of the candidates. The term of 
office was to be ten years, with one retiring and one elected 
each year. The court would be held every two months. Pro- 
vision was also made to designate the chief judge and 
judges who should hold terms so that one-half of the court 
could hold each alternate term. Mr. W. C. Brown pro- 
posed * a court of nine members which should include those 
then in office. " The judges shall divide from time to time 
into two classes, which classes shall be co-ordinate courts 
and shall hold sessions at such times as the general court 
shall appoint. The chief judge shall divide the calendar 
between them "... three or more judges were to con- 
stitute a quorum for a class. Mr. Graves, of Herkimer, 
proposed a Court of Appeals composed of eight members, 
of whom four were to be elected for eight years and four 
selected from the judges of the Supreme Court having the 

* Proceedings and Debates, vol. iii, p. 2366. 

* Ibid., pp. 2367-8. ' Ibid., p. 2383. 

* Ibid., pp. 2398-9. 



219] -^^^ CONSTITUTIONAL CONVENTION OF 1867 219 

shortest time to serve. One of the four elected was to be 
designated as chief justice. Mr. Graves also proposed an 
elected judicial commission of five members which was to 
continue for four years and hear the causes then pending 
before the present Court of Appeals. 

The above proposals give in brief a general idea of the 
extent and nature of the changes deemed wise by some. 
Many other propositions of a minor character were ad- 
vanced. All the plans save one had as their basis the elimi- 
nation of the Supreme Court judges from the Court of Ap- 
peals. The variation in the length of term in office was 
marked. It was this question over which the convention 
became divided. The number of judges brought forth 
varying suggestions, ranging from five to ten members, 
which met with general approval. The methods of judicial 
selection proposed also displayed a fair degree of unanim- 
ity. Election seemed to be considered the best way, though 
champions of the appointive method were not absent. The 
length of term brought a long and able discussion. As 
before noted, life tenure had been agreed upon by the ma- 
jority of the judiciary committee. This included tenure 
during good behavior, and ended, in any event, when the 
judge had become seventy years of age. The other plans 
proposed a fixed term which ranged from eight to fourteen 
years. Re-eligibility after the longer terms was also pro- 
hibited.' 

Judge Comstock ^ and Judge Daly,^ who had both been 

' It seems, as suggested in the debate, that the term of fourteen years 
was applied because that appeared to be the average length of service 
in the courts of New York, other States and of the United States, 
where the tenure during good behavior had been applied. 

• Speeches maj- be found, Proceedings and Debates, vol. iii, pp. 2288-9, 
2300, 2383, 2440, 2536, 2600. 

* Ibid., pp. 2359-65, 2372-4; vol. iv, pp. 2459, 2640, 2705-6. Mr. Daly- 
gave a complete historical review of the changes made in our judicial 



220 POLITICAL HISTORY OF NEW YORK STATE [220 

upon the Court of Appeals, put forth able and lengthy argu- 
ments in support of the majority report. It remained, how- 
ever, for VVm. M. Evarts, with his inimitable skill and 
learning, to urge the position of the committee. He stood 
for the principle of good behavior during the period of 
judicial usefulness. He went into the political theory back 
of the judiciary at some length, stating that the judiciary 
is the representative of the justice of the State and that 
judicial service in its true sense was to declare the law, not 
to impose it. The two considerations in choosing judges 
were : 

first, how shall they best be selected, and second, how, having 
been thus selected, they shall best be preserved, built up, fort- 
ified, ennobled in their sentiments, in their character, in their 

system by the conventions of 1821 and 1846, and the defects as pointed 
out. After developing historically the judiciary of England and the 
United States, he showed that the age-limit of seventy was not too 
old ; with illustrations from the history of our own and of the British 
judiciary. " Lord Karnes . . . was an able and vigorous judge at 
eighty-five. Lord Mansfield sat with undiminished power at the age of 
eighty-two. Lord Chancellor Lyndhurst made one of his greatest 
epeeches, and one of the most effective ever heard in the House of 
Lords, when he was eighty-one. Chief Justice Marshall presided in 
the Supreme Court of the L^nited States with his intellectual faculties 
unimpaired at the age of seventy-nine. Chancellor Kent wrote his 
Commentaries when, by the constitution of this state, he was no longer 
intellectually competent to be a judge, and he continued to revise and 
edit them . . . until he was past eighty. . . . During the seventy years 
that the judges of this state held their office during the tenure of good 
behavior, we had a judiciary that would compare with any age of our 
country." 

Ibid., pp. 2172-4, 2187. 2197-8. 2201-2, 2223-6, 2300-3, 2448, 2507. 
Amasa J. Parker, who was also a member of the Committee and had 
signed the majority report, believed the independence of the judiciary 
could be maintained by one long term. 

Ibid., vol. iii, p. 2189, also pp. 1287, 2203, 2206, 2295, 2296; vol. iv, pp. 
2627, 3714. Joshua Van Cott made an able .speech in defense of the 
majority report. 



221 ] THE CONSTITUTIONAL CONVENTION OF 1867 221 

repute and their authority, before the eyes and in the opinions 
of the community, in the administration of whose justice they 
are to preside/ 

Mr. Evarts next stated that the judge should hold his office 
during the pleasure of no representative of political power. 
"Durante bene placito, is exploded from our system." He 
maintained that the mind of the judge while on the bench 
should not be conscious of any effect upon his political 
chances through his acts upon the bench. He should feel 
and be unaccountable except for impeachable offenses. 
Evarts claimed that in order for the State to obtain the 
services of the " ten talents " man, " she must offer hmi a 
career commensurable with the talents, and the character. 
and the duty that belong to him as a man." ^ Mr. Evarts 
pleaded eloquently for the lawyer, who, having accepted ser- 
vice in the highest judicial tribunal of the State at loss of 
the emoluments and opportunities of his chosen profes- 
sion, finds himself at the end of his term, where it is 
limited, forced to return to his profession with the great 
endeavors consequent upon rebuilding his practice, or to 
find a new vocation in w^hich to spend his declining energies. 

This supremacy, this authority that I desire is not personal. 
It is all official. It is to help the Judg-e's office, not to agf- 
grandize the Judge in his person. ... I wish to see it impress- 
ed upon the mind of the bar, I wish the bar to understand that 
the election of a judge to a seat on the bench is not only for 
the life of the judge, but it is for the lives of his contemporaries 
at the bar. I wish them to feel that they are not ... at lib- 
erty to plan for temporary occupancies of the bench, reserving^ 
for themselves the future chance when they become ripe for it. 
. . . Let us have the reflex influence of an independent judici- 
ary upon an independent bar. Let us work tog^ether.' 

^ Proceedings, vol. iii, p. 2367. ' Ibid., p. 2369. ' Ibid., p. 2370. 



222 POLITICAL HISTORY OF NEW YORK STATE [222 

Mr. Evarts admitted that the difference on the question 
was largely one of degree; whether there should be a 
fourteen-year tenure or tenure during good behavior, both 
with an age limit. It is impossible for an intelligent student 
of political systems not to become enthused and inspired 
with the method in which he put forth his facts. Evarts 
was then in the prime of his great career. Charles Z. Lin- 
coln says, in speaking of this address : 

Even now, reading the speech after thirty-five years, we fall 
under the spell of the orator, and can readily understand how, 
as he rose to the height of that great argument, the Convention 
hesitated, and almost decided to abandon a fixed judicial term, 
and restore the ancient tenure during good behavior, with an 
age limit, which had controlled in the Colonial days, and 
through the first seventy years of our state history.' 

But upon December 4th, Mr. Hale's amendment of ten- 
ure during good behavior, or until judges reach the age of 
seventy years," was rejected by a vote of 43 to 48.^ The 
second test came upon Mr. Evarts' motion made December 
loth which was similar to the above, the result being the 
same by a vote of 56 to 58.* The final vote on this much- 
contested point, February 19th, just at the adjournment of 
tb'C convention,""' brought forth on the motion of Erastus 
Brooks the same result, the vote being 45 to 61. Out of a 
convention of 160 delegates, 69 were absent for the vote 
on the first of the above questions, 46 on the second and 64 
upon the third." On the final ballot less than one-third es- 

1 Lincoln, Constitutional Hist, of N . Y., vol. ii. p. 256. 

* Proceedings and Debates, vol. Hi, p. 2374. 

* Ibid., p. 2382. * Ibid., vol. iv. p. 2635. 
Adjournment Feb. 28th. 

* Ibid., vol. V, p. ?,72y. 



223] THE CONSTITUTIONAL CONVENTION OF 1867 223 

tablished the length of tenure. With the exception of the 
abnormal conditions at the time of the convention of 1776- 
1777, no convention had made such important changes in 
the constitution with such a small proportion of the dele- 
gates present/ 

While those who advocated the fourteen-year tenure 
were firm for an independent judiciary, they believed the 
result would be accomplished by making the judge ineligible 
for re-election. There were those who believed that the 
judge might neglect his official duties at the end of his 
term in the interest of his re-election." Others thought 
that even with a long term, a judge might go out of office 
not disqualified by age but embarrassed on re-entering his 
profession because of a long absence. However, the opin- 
ion prevailed that if the service of the judge had been satis- 
factory he would be re-elected without such effort upon his 
part as to detract from his official duties.'^ The question 
of re-eligibility of the judges produced much discussion and 
considerable wavering. Mr. Wakeman's motion for re- 
eligibility was carried by the rather large majority of 70 tO' 

Time has shown that the suggestiqn so eloquently spon- 

^ Reznsed Record of the Constitutional Convention of 1894, vol. i, pp. 
2-6. In the Convention of 1894, no amendment was deemed made 
unless two-thirds of those present had given it their affirmative vote. 
This was later set as a permanent figure. There were 169 delegates at 
the convention of 1894. 

* Proceedings and Debates, vol. iv, p. 2580. ^ Ibid. 

* Ibid. Mr. Young upon this point said: "A judge who metes out 
even-handed justice to all, who has an upright and honest heart in his 
breast . . . need not fear his constituents when nominated for re- 
election. ... I have no doubt that he and judges who have shown 
themselves capable and worthy will be kept in office by the people, and 
appreciated by them as long as they are competent to discharge the 
duties of a judge." 



224 POLITICAL HISTORY OF NEW YORK STATE [224 

sored by Mr. Evarts, establishing the tenure of the court 
during- good behavior with the age limit at seventy years, 
would have produced none of the fears augured. The 
operation of the fourteen-year rule has produced practically 
the same result.^ Of the fifteen judges who have been 
elected, not including those in office on January i, 191 1. 
their age at election averaged fifty-three years. It varied 
from forty-three to sixty-one years ; six were under fifty. ^ 
The average length of service of the judges elected, not in- 

' Lincoln, Const. Hist, of Neiv York, vol. ii. p. 261. Of the fifteen, 
Judges Church, Peckham, Sr., Grover, Allen and Ruger died in office. 
Judge Rapallo, on being re-elected to a second term, died shortly after- 
ward. Judge Folger, who was chosen to the Chief Judgeship in 18S1, 
before the expiration of his first term, resigned to take the Treasury 
portfolio in President Garfield's cabinet. Rufus W. Peckham, Jr., who 
was elected in 1886, resigned in 1895 to take a seat upon the United 
States Supreme Court. Judge Finch served' a full term. He retired 
December 31, 1895, but had he been under the tenure proposed by the 
majority report of the Judiciary, he might have served until his seven- 
tieth birthday, June 9, 1897. Chief Judge Alton B. Parker, in order to 
accept the candidacy of the Democratic party for the Presidency, re- 
signed August 5, 1904. Judge Martin, elected in 1895, retired Decem- 
ber 31, 1904, having passed the age-limit. Judge Gray was re-elected to 
a second term in 1902, and may serve until the age-limit, December 31, 
1913. This would make a total of twenty-five years of judicial service 
for him, exclusive of one year under appointment. Judge O'Brien 
served until December 31, 1907, having been re-elected in 1903. This 
made his total length of service eighteen years. Plence eleven Judges — 
Church, Peckham, Sr., Grover, Allen, Ruger, Rapallo, Earl, Miller, 
Danforth, Andrews and Martin — held office under the fourteen-year 
rule, which service would have been the same under the tenure for life 
proposed by the majority report. We see also that the term of the 
three judges who resigned would have been the same under either rule. 

' I have not included the figures for the full number of judges 
(twenty-three) who have been elected to the Court of Appeals up to 
January i, 191 1, because of the impossibility of exactness, due to the 
probability of death while in office, resignation from or re-election to 
office. 



225] -^^^ CONSTITUTIONAL CONVENTION OF 1867 225 

eluding those in office on January i, 191 1, was ten and 
four-tenths years/ 

In the first section of this chapter attention has been 
called to the attempt made to organize a commission of 
appeals.^ The sentiment of the convention seemed to hold, 
that the new court should not be overloaded with the busi- 
ness which had been accumulated in the superseded court. 
The report of the judiciary committee had recommended 
the inclusion of the former court for that purpose, with 
another commission to be appointed by the Governor." 
All causes pending in the Court of Appeals on January i, 
1868, were to be heard and determined by the commission. 
It was further provided by the report, that the legislature 
should have the pov/er to create a new commission, to hear 
and determine any causes that might be transferred by the 
Court of Appeals to it at the end of ten years from the adop- 
tion of the constitution as revised.* This section providing 
for a commission after ten years was stricken out upon 
motion of Mr. A. J. Parker. 

THE SUPREME COURT 

The principal disagreement in the convention of 1867 
over the Supreme Court came on the matter of terms. Little 
desire was manifest to disturb the judicial districts. The 
great cry against the Supreme Court had been the eight 
appellate tribunals, which perforce produced conflict of 
decisions. Many proposals were made in respect to the Su- 
preme Court which would bring about the reform desired, 
but only the most important will be given here. The ma- 
jority report proposed that the State should be divided into 

* Lincoln, Const. Hist., vol. iii, pp. 261-2. 
2 Vide, supra ch. ix, p. 219. 

* Convention Documents, (1867-8), no. 107, p. 3. 

* Ibid. (1867-8), no. 107, p. 4. 



226 POLITICAL HISTORY OF NEW YORK STATE [226 

four judicial departments, each of these into two districts 
to be bounded by county lines. The City and county of 
New York were to form one district, with ten justices. 
The other departments were to have eight justices each, 
making a total of thirty-four for the State. The legis- 
lature was given power to provide for an additional justice 
in each of the departments, and one-half of the justices in 
each department were to reside in each district of the de- 
partment at the time of election. Four of the judges were 
designated to hold special terms and circuit courts or to 
preside in any court of oyer and terminer. Provision v.'as 
made for designation of the justices who should hold gen- 
eral terms and also of the chief justice, who should hold 
during his continuance in office.^ As in the Court of Ap- 
peals, no justice of the Supreme Court could sit in review of 
his own decisions.^ They were to be elected by depart- 
ments and were to hold office during good behavior until 
the age of seventy.^ 

The minority plan, written by Mr. Goodrich, proposed 
the division of the State into three departments. These de- 
partments were to consist of the existing judicial districts, 
each department to have twelve justices, holding for twelve 
years after the first classification. The elections were to be 
by departments, each district to be the residence of an equal 
number as far as possible. The legislature could not legis- 
late a judge from office, though it had the right to add an 
additional justice to each department or to reduce the num- 
ber. The presiding justice for each general term was to be 
selected by said term. He could not hold trial or special 
terms or grant orders renewable in the general term. The 
presiding justice's chief single power consisted in the ap- 

^ New York Convention Documents (1867-8), vol. iv, pp. 5-6. 
* Ibid., s. =• Ibid., 9. 



227] '^^^ CONSTITUTIONAL CONVENTION OF 1867 227 

pointment or removal of the Supreme Court reporter. Two 
of the general term justices were to retire at the end of 
every second year, other justices to be designated for their 
places. The presiding justice was an exception to this 
rule.^ In each judicial district general terms were to be 
held for the hearing of causes arising therein.^ 

We will simply mention the more prominent of the var- 
ious other proposals for the Supreme Court. Mr. Judson 
S. Landon proposed the abolition of the Court of Appeals. 
He would place appeals in the Supreme Court only. Matthew 
Hale provided for a Supreme Court composed of twelve 
judges,^ to be chosen from the State at large, while eighteen 
justices, four in New York, and two in each of the other 
districts, were to do the circuit work. Each district was to 
have general terms, to be composed of three judges chosen 
at large. He also suggested a " state term " to be held once 
yearly by seven of the Supreme Court judges.* Under a 
plan proposed by Mr. Elizur H. Prindle. the State would 
be divided into three judicial departments composed of the 
judicial districts then existing. Each department was to 
have a general term composed of four justices, who should 
have no other jurisdiction.^ 

The convention changed the judiciary committee's pro- 
posal which had recommended the election of justices by 
departments, to election by districts.® On motion of Judge 

' Proceedings and Debates, vol. iii, p. 1626. 

* Revised Record of the Constitutional Convention of 1894, vol. v, p. 
757. One may see here the germ of the Appellate Division as now in 
operation, provided for by the Constitutional Convention of 1894. 

* Constitutional Convention Proceedings and Debates, vol. iv, p. 2415. 
Mr. Hale states that for purposes of distinction he has called in his 
plan the men e'ected by the State at large " judges, while those elected 
by districts, Justices." 

* Ibid., pp. 2414-5. * Ibid., p. 2460. * Ibid., p. 3708. 



228 POLITICAL HISTORY OF NEW YORK STATE [228 

Comstock the term of office was fixed at fourteen years. ^ 
The age Hmit was fixed at the first day of January next 
after the justice shall have arrived at the age of seventy, on 
motion of Mr. Prindle." This date was set forward to 
December 31st, afterwards. 

To make a brief summary of the action of the conven- 
tion in regard to the Supreme Court, we see that it was con- 
tinued as it then existed with the same number of justices 
in each district. Each justice was elected for a full term of 
fourteen years, an extension of eight years, with no rotation 
in office. The legislature was given power to establish 
not more than four general terms. The general term might 
consist of four justices. They would not be organized 
oftener than once in five years. The requirement was made 
for a general term to be held in each judicial district. No 
justice could sit in review of his own decision. 

Chapter 408 of the Laws of 1870 put the new judiciary 
article into operation. The first department was to consist 
of the first district ; the second, of the second ; the third, 
of the third, fourth and sixth districts ; and the fourth, of 
the fifth, seventh and eighth districts."^ A presiding justice, 
who should so act during his official term, and two asso- 
ciate justices were to compose the general terms. The 
latter were to act in such capacity for five years from De- 
cember 31st next following their appointment. 

1 Constitutional Convention Proceedings and Debates, vol. iv, p. 2575. 

* Ibid., vol. iii, p. 2281. 

• This statute required general terms to be held in the city of New 
York for the first department : in Brooklyn and Poughkeepsie for the 
second department ; in Albany and Plattsburgh for the third depart- 
ment ; and in Buffalo, Binghamton and Elmira for the fourth depart- 
ment. 



229] "^^^ CONSTITUTIONAL CONVENTION OF 1867 229 
MINOR COURTS 

The convention found the county court as it had been 
left by the convention of 1846. It is true that various at- 
tempts had been made since that time to enlarge the juris- 
diction of the county court but without success. The gen- 
eral opinion of the convention of 1867 was in favor of 
an extension of jurisdiction. The plan of the majority 
report of the judiciary committee was that the county 
court was to have such original and appellate jurisdiction 
as the legislature might see fit to confer from time to time.^ 
The minority report proposed practically the same juris- 
diction, though it differed in certain other respects.^ The 
convention concluded that jurisdiction should not be con- 
ferred upon the county courts in general terms but should 
be limited to definite money actions. Hence, the sugges- 
tion of Mr. Henry O. Cheseboro was adopted, which gave 
the court original jurisdiction in cases where the parties 
resided in the same county and the damages claimed 
amounted to $1,000.^ Upon its acceptance Judge Comstock 
at once moved that the jurisdiction be made subject to the 
power of removal to the Supreme Court.* Inasmuch as the 
length of term of judges of the Court of Appeals, the Su- 
preme Courts and certain city courts had been extended, 
it was thought right to do likewise to that of the county 
judges. The majority report had proposed seven years," 
the minority four years.® Mr. Cheseboro proposed six 
years, which term was accepted by the convention.^ Judge 

' Convention Documents, vol. iv, no. 107, p. 9. 

* Proceedings and Debates, vol. iii, p. 1627. 

* Ibid., vol. iv, pp. 2594, 2671. * Ibid., p. 2504. 
' New York Con. Docs., vol. iv, no. 107, p. 9. 

* Proceedings, and Debates, vol. iii, p. 1627. 
' Ibid., vol. iv, p. 2675. 



230 POLITICAL HISTORY OF NEW YORK STATE [230 

Comstock put through in the convention a motion to the 
effect that the salary of the county judge should be fixed 
by law instead of by the board of supervisors/ This 
proposition as advanced by Mr. Ketcham had been lost.^ 

When the surrogate's courts were reached, the committee 
took some advance steps. The provision, as in the former 
constitution, under which the county judge in the smaller 
counties acted as surrogate was continued. In the more 
populous counties, the legislature was given power to create 
a separate surrogate's office. The following passage in 
the section proposed by the committee gave the conven- 
tion much food for thought. 

The Legislature may create probate courts, abolish the office 
of Surrogate, confer upon existing courts the power and duties 
of Surrogate and the jurisdiction of Surrogates, create registers 
of wills and of the probate thereof, and of letters of adminis- 
tration, and provide for the trial by jury of issues in Surrogates 
Courts and in courts having the like powers and duties/ 

Mr. Evarts made remarks to the effect that the probable 
increase of wealth and population in what is now Greater 
New York would bring a corresponding increase in the 
number of probate cases, and that it might be " desirable 
that the legislature should have the power to separate the 
mere official duty of the surrogate, as the register of wills, 

1 Proceedings and Debates, vol. iv, p. 2674. 

* Ibid., p. 2608. Mr. Ketcham had proposed to abolish the office of 
justice of sessions, but was voted down. Of these officers he said : 
" I never knew of an instance where these officers were consulted and 
influenced the decision of the court that they were not wrong. They 
are mere ' figure-heads,' and answer no purpose but to sit up there and 
look wise and draw their pay." Proceedings and Debates, vol. iv, p. 
2661. 

• Nezv York Constitutional Convention Proceedings and Debates, vol. 
iv, p. 2634. 



231] THE CONSTITUTIONAL CONVENTION OF 1867 23 1 

and in taking formal proof of uncontested wills and issuing 
testamentary papers and letters of guardianship, from the 
true judicial functions now discharged by the surrogate." ^ 
Mr. Evarts, doubtless, would be amazed, could he visit the 
surrogates' offices in New York City at the present day, 
where he would find a far greater differentiation in the sur- 
rogate's work than he may have ever dreamed. Mr. E. A. 
Brown proposed to substitute for the committee's report the 
following: "the legislature may provide for the trial by jury 
of issues in the surrogates' courts." ^ This was adopted 
by a vote of 46 to 26,^ but it was immediately voted down 
on Mr. Ramsey's and Judge Comstock's motion to strike 
out the Brown substitute.* Judge Comstock stated that 
such a measure would send all issues of fact to a jury, and 
that the large proportion of facts should be disposed of 
without a jury. However, Mr. Folger, not to be downed, 
reported on the day following from the judiciary committee 
a section which vested the legislature with power to con- 
fer on courts of record in counties with a population which 
exceeded 400,000, " the powers and jurisdiction of sur- 
rogates, with an authority to try issue of fact by juries in 
probate cases." ^ This was adopted.^ 

The conservative tendency of the convention was shown 
in the lengthy contest over the resubmission to the people 

^ New York Constitutional Convention Proceedings and Debates, vol. 
iv, p. 2634. 

' Ibid., vol. V, p. 3724. • Ibid., p. 3725. * Ibid. 

5 Ibid., vol. V, p. 3776. This authority was not applied until 1886. 
sixteen years after it was put in the Constitution, and then it was 
limited to the Court of Common Pleas. 

" In 1895 this act was amended and made applicable only to the 
Supreme Court. The Code was also amended by Chapter 946, Laws of 
1895. In 1892 relief was afforded New York C'ty without the creation 
of ano'her surrogate' court by the creation of two surrogates in a 
single court. 



232 POLITICAL HISTORY OF NEW YORK STATE [232 

of the question whether judges should be appointed or 
elected. The method pursued in the earlier history of the 
State had been almost exclusively that of appointment. In 
1867, when the convention asked the people to vote anew 
upon the question, twenty years had passed since the adop- 
tion of the policy of judiciary election. The plan proposed 
by the judiciary committee originally provided for the elec- 
tion of judges. However, the report also contained a pro- 
vision which asked the people to decide whether the elec- 
tive plan should be continued or the appointive plan re- 
stored. The idea was that if the people ratified the con- 
stitution, which in its terms provided for the election of 
judges, the constitution as ratified would provide the peo- 
ple with an opportunity at some time later to change the 
method of judicial selection. The division of the conven- 
tion upon the point is shown by the vote on a motion made 
by Mr. E. A. Brown to strike out the section, which was 
lost by the vote of 42 to 43.^ Judge Comstock's motion 
limited the section to judges of the Court of Appeals and 
justices of the Supreme Court.' However, this was modi- 
fied by Mr. Folger's motion which brought about the sub- 
mission of two propositions : ''' the first, to include the 
judges of the Court of Appeals and justices of the Supreme 
Court; the second, county judges, judges of the superior 
court of Buffalo, the superior court and court of com- 
mon pleas of New York, and the city court of Brooklyn. 

The new judiciary article went to the people at the No- 
vember election of 1869 and was approved.* The statutes, 
passed early in the session of 1870, called for an election 

' Proceedings and Debates, vol. iv, pp. 2545-6. Later tests slightly 
increased the margin, but they all showed that the convention was 
equally divided upon the question. 

* Ibid., p. 2547. *Ihid., p. 2707. 

* Tribune Almanac, 1870, p. 51. For, 247,240: against, 240,442. 



233] THE CONSTITUTIONAL CONVENTION OF 1867 233 

May 17th. The judges elected at that time entered upon 
their duties the first Monday of July. 1870, twenty-three 
years after the Court of Appeals was established by the 
constitution of 1846. 

In its final form the section on the question of judicial 
election or appointment provided for the submission at the 
general election in 1873. The result showed that the people 
after twenty-five years of experience in the selection of 
judges were unwilling to relinquish their rights to choose 
their own judges. Both propositions ^ were defeated by 
majorities exceeding 200.000. 

SUFFRAGE 

The summer months of 1867 were largely devoted to 
the question of qualifications for the exercise of the right 
of suffrage. The majority report of the committee " on 
the right of suffrage and the qualifications to hold office " 
was presented on July 28th by Horace Greeley. The 
article on suffrage modified many important aspects of the 
existing constitutional provisions on this subject. The 
qualifications of voters were stated thus : 

Every man of the ag-e of twenty-one years, who shall have been 
an inhabitant of this State for one year next preceding an 
election, and for the last thirty days a citizen of the United 
States and a resident of the election district where he may offer 
his vote, shall be entitled to vote at such election, in said dis- 
trict, and not elsewhere, for all officers elected by the people.* 

The general standard was residence in the State. The re- 
quirement for a stated period of residence in a county was 
omitted. Idiots, lunatics, persons under guardianship. 

^ Tribune Almanac, 1874, p. 61. Election of judges: Higher Courts: 
For. 319,979; against, 115,337. Lower Courts: For, 319,660; against, 
110,725. 

* Proceedings and Debates, vol. i, p. 199. 



234 POLITICAL HISTORY OF NEW YORK STATE [234 

felons, persons convicted of bribery, persons who have 
been paupers thirty days next preceding an election, and 
persons who offer or accept a bribe were excluded by the 
section/ Further, 

for the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence 
while employed in the service of the United States, nor while 
engaged in the navigation of the waters of this state, of the 
United States, or of the high seas, nor while kept in any alms- 
house or other asylum at public expense, nor while confined 
in any public prison.* 

The provision required election by ballot, registration of 
voters to be complete at least six days before election and 
uniformity throughout the State. An office holder had to 
be an elector and the existing official oath was continued. 
A minority report was presented by Mr. Cassidy and Mr. 
Schumaker.^ They did not submit any sections in detail, 
but expressed their preference for the existing provision 
of the constitution on the qualifications of voters because 
they were well known and had been interpreted judicially.* 
The year's residence requirement prescribed by the 
former constitution did not occasion any objection. The 
majority of the committee favored the abrogation of the 

1 Proceedings and Debates, vol. i, p. 199. 

^Conventional Documents (1867), vol. i, no. 15, pp. 2-3. 

'Ibid., vol. i, no. 16, pP- i-4- 

* Proceedings and Debates, op. cit., pp. 235-6, 481, 483, 548-9. Under 
the discussion of disqualifications, Mr. Charles C Dwight proposed to 
substitute the sec' ions which vi^ere in the present constitution. Judge 
Comstock moved to strike out the clause " for all officers that now are, 
or hereafter may be, elected by the people." He believed the expres- 
sion would lead to harm because of its looseness. However, hi? motion 
was lost. A motion made by Mr. Sanford E. Church was passed (70 
to 67) to the effect that an elector should have the right to vote "upon 
all questions which may be submitted to the vote of the people." 



235] THE CONSTITUTIONAL CONVENTION OF 1867 235 

provision which required residence for four months in the 
county/ This position was taken because of the large 
number of laborers who left the cities to work in the coun- 
try and outside resorts during the summer and who could 
not afiford two residences." Also, under existing condi- 
tions clergymen, who made frequent change of location in 
the summer, were disqualified. The provision which de- 
clared that a person should not be deemed while absent as 
a student to have gained or lost residence for the purpose 
of voting was omitted." The clause was believed to be un- 
necessary by Horace Greeley, because the convention could 
not determine a man's residence, which is the real test of 
his right to vote.* Mr. Elbridge G. Lapham "' introduced a 
motion which was later amended to the effect that the voter 
must have been a resident thirty days in the town or ward, 
and ten days in the election district.^ 

The majority report required naturalized citizens to have 
completed their naturalization at least thirty days before 
election.^ The minority report preferred the retention of 
the existing ten-day rule.^ In regard to persons disquali- 
fied, the committee's plan proposed to include the disquali- 
fications already stated in the constitution, also others fixed 
by the statute. ** Registration was to be compulsory 2nd 

* Proceedings and Debates, op. cit., p. 199. * Ibid., p. 227. 

* Ibid., p. 620; vol. V, p. 3570. This provision was incorporated in 
the final form of the revised constitution in spite of the arguments 
of such men as Mr. Charles C. Dwight. 

* Ibid., vol. i, pp. 620, 569. * Ibid., p. 208. 

* Ibid., vol. v, p. 3959. 

'' N. Y. Convention Documents, 1867, vol. i, no. 15, p. i. 

^ Ibid., no. 16, p. I. 

^Proceedings, vol. i, p. 208. " Persons judicially declared to be of 
unsound mind, or incapable of managing their own affairs " was an 
addition suggested by Mr. Lapham. 

Ibid., p. 560. " The Legislature may provide by law that records 



236 POLITICAL HISTORY OF NEW YORK STATE [236 

must have been completed six days before election.^ Edu- 
cational cjualifications were frequently proposed in the con- 
vention, but the committee refused to recommend such a 
test. After a long and arduous discussion over this point 
the original first section with certain amendments was sub- 
stituted for the plan proposed by the suffrage committee. 
This clearly illustrates the conservatism of the convention 
in its preservation of well-known qualifications.^ 

The advocates of woman suffrage endeavored to use the 
convention of 1867 ^s a means to advance their cause. 
When the legislature was considering the convention they 
argued for a right to vote for delegates. Although the 
senate was in favor of extending the franchise on delegates, 
it did not favor its use by women.^ The suffrage committee 

shall be kept ... by the police authorities ... of all persons known to 
them to be engaged in illicit pursuits hostile to the community ; and 
persons so engaged and . . . recorded, under due provisions of law, 
shall be excluded from registration," was suggested by Mr. Duganne. 

* N. Y. Convention Documents, 1867, vol. i, no. 15, p. 3. 

'Proceedings and Debates, op. cit., p. 544. " The people of this state, 
in virtue of their constitutional sovereignty, have the undoubted right 
to establish and regulate for themselves the elective franchise without 
interference by any other authority whatsoever," was proposed by 
Judge Comstock for a preamble to the suffrage section. 

'Lincoln, Constitutional History of New York, vol. ii, p. 312; Lalor, 
Cyclopedia of Political Science, vol. iii, p. 830; Proceedings and De- 
bates, op. cit., pp. 218, 537, 547. The conferment of suffrage upon tax- 
paying women was proposed by Mr. Gideon Wales. This proposition, 
while it appears fair, was not taken up by the convention. Mr. Ezra 
Graves suggested that the question of " votes for women " be sub- 
mitted to the women themselves at a special election. If the majority 
of the votes cast were in the affirmative, then all women should have 
equal suffrage with men. Horace Greeley opposed this proposition on 
the ground that " it compelled women to vote in order to avoid vot- 
ing." He favored the submission of the question to women, but stag- 
gered those in favor of woman suffrage by proposing that all those 
who did not vote should be counted in the negative. 



237] -^^^ CONSTITUTIONAL CONVENTION OF 1S67 237 

refused to make a recommendation for elective franchise 
to women. In part it said : 

However desirable in theory, we are satisfied that public sen- 
timent does not demand, and would not sustain, an innovation 
so revolutionary and sweeping, so openly at war with a dis- 
tribution of duties and functions between the sexes as vener- 
able and pervading as government itself and involving trans- 
formation so radical in social and domestic life.^ 

George William Curtis championed the cause of woman 
suffrage in the convention in an eloquent address, the prin- 
cipal one upon that side.^ 

When the question of negro suffrage came before the 
convention it was not surprising that prejudices were still 
rampant, if one considers the dynamics of the struggle 
which had just closed and of the new struggle over Recon- 
struction just coming into its own. The report of the 
suffrage committee proposed to do away with all discrimi- 
nation based upon color. It said in part : " Whites and 
blacks are required to render like obedience to our laws 
and are punished in like manner for their violation. Whites 
and blacks were indiscriminately drafted and held to ser- 
vice to fill our State's quotas in the War whereby the Re- 
public was saved from disruption." ^ Strong endeavors 
were put forth by the opponents of equal suffrage to colored 
men. However, they availed not. As the constitution pro- 
posed by the convention of 1867 was not accepted by the 
people, the color disbarment continued as in the constitu- 
tion of 1846 until the adoption of the amendments of 1874. 

^ A^. Y. Convention Documents, op. cit., no. 15, pp. 6-7 ; Proceedings 
and Debates, op. cit., pp. 178-9. 

* Proceedings and Debates, op. cit., pp. 364-372. 

* New York Convention Documents, vol. i, no. 15, p. 4. See Pro- 
ceedings and Debates, vol. i, pp. 236, 253, 255, 312, 313, 349, 528. 



238 POLITICAL HISTORY OF NEW YORK STATE [238 

taking effect January i, 1875. After the adoption of the 
Fifteenth Amendment on March 30, 1870/ the operation 
of the discrimination in New York State was nominal. 

THE BILL OF RIGHTS 

The convention of 1867 was no exception to the ten- 
dency to consider the principles upon which the constitu- 
tion was founded. In consequence the Bill of Rights re- 
ceived certain modifications. Mr. Merwin suggested an 
amendment, when the jury section was under consideration, 
to the effect that " except in justices' courts provision may 
be made by law for trial by jury of less than twelve men." 
This was adopted by the convention.^ His aim, undoubt- 
edly, was to remove any question concerning the right of 
the legislature to increase the civil jurisdiction of justices' 
courts. In 1856 the Court of Appeals had decided ^ that a 
provision in the excise law of 1855, which gave courts of 
special sessions jurisdiction over persons charged with its 
violation, was unconstitutional on the ground that they had 
a right to a common law jury of twelve men.* Mr. Mer- 
win's amendment was designed to avoid that question.^ 

^ Art. XV, sec. i : " The right of citizens of the United States to 
vote shall not be denied or abridged by the United States or by any 
State on account of race, color, or previous condition of servitude 
Section 2. The Congress shall have power to enforce this article by 
appropriate legislation." 

* Proceedings and Debates, vol. v, p. 3239. 

* Wynehamer Case, 13 N. Y. 378. 

* Proceedings and Debates, op. cit., p. 3229. 

* In 1868 it was decided in Dawson v. Horan, 51 Barb. 459, that a 
statute which increased the civil jurisdiction of justices' courts was not 
unconstitutional in view of the fact that it required a jury of six 
instead of twelve men. This decision was followed and approved in 
Knight V. Campbell, 62 Barb. 16 (1872). 



239] '^^^ CONSTITUTIONAL CONVENTION OF 1867 239 
THE LEGISLATURE 

The conservatism of the convention was again strikingly 
shown when the structure of the legislature was discussed. 
It was unanimously proposed by the committee upon legis- 
lative organization to divide the State into eight districts, 
as established in 1821 but abandoned in 1846. However, 
the geographical arrangement of the districts was new. 
Under this plan the districts were practically coterminous 
with the judicial districts, provision being made for an ad- 
ditional senator in New York County.^ Further, this plan 
provided that one senator was to be elected each year for 
four years.' The chairman of the committee, Mr. Edwni A. 
Merritt, gave the opinion of the committee when he said 
that in his belief the large district plan would " invite into 
the legislature the ablest minds of the State ".^ A prac- 
tical turn from a political angle was given the debate by 
Mr. Solomon C. Young,* who pointed out that, based on 
the election returns of 1866, the first and second districts 
would send five and four respectively, as representatives 
of a 56,000 ^ Democratic majority in the two districts. On 
the other hand, from the remaining six districts the Re- 
publicans would elect twenty-four in all, representing a 
majority of about 92,000." Horace Greeley, in keeping 
with his minority representation, suggested fifteen dis- 
tricts, each district to elect three upon the cumulative plan.'' 
Among the various other plans suggested, Mr. Marius 
Schoonmaker proposed ten senatorial districts with four 

^ Neiv York Convention Documents (1867), vol. i, no. 30, p. i. 
' New York County had special arrangements for the fifth. 

* Proceedings and Debates, vol. i, p. 648. * Ihid., p. 688. 

* Tribune Almanac, 1867, p. 51. 
Ibid., 1867, p. 51. 

' Proceedings and Debates, op. cit., p. 787. 



240 POLITICAL HISTORY OF NEW YORK STATE [240 

senators from each.^ The convention at length substi- 
tuted ~ for the eight-senate-district plan of the committee 
the single-district system then in force. Minor changes, 
however, were made : four years was made the length of 
office, two classes of senators were made by dividing the 
odd and even numbered districts, one class was to be elected 
every two years.^ 

The same conservative plan was followed in the com- 
mittee report when it touched on the assembly. It sug- 
gested an increase of eleven in the assembly, making the 
total 139, and abandoning at the same time the method of 
the single-district system.^ There appeared to be a united 
opinion in favor of an increase in the number of assembly- 
men but the suggestions varied from an increase of 128 to 
168.''' The committee's assembly plan did not encounter 
much opposition, except the change from the single dis- 
tricts to election by counties. The latter, however, was 
sustained by the vote of 64 to 43.'' The convention adopted 
the proposition that all electors should be eligible to either 
house of the legislature." The legislator's salary was fixed 
at $1,000 and mileage.** Typical of Horace Greeley was 
the suggestion that the senators should receive no compen- 

^ Proceedings and Debates, op. cit., p. 661. 
*By a vote of 79-35. 
' Ibid., vol. V, pp. 3959-61. 

* Ibid., pp. 3960-1. 

* The latter was only defeated by a small margin, 52 to 62. Other 
proposals were for 141, 142, 143, 145. 

* Ibid., vol. ii, p. 876. The vote upon Mr. Milton H. Merwin's amend- 
ment which raised the question whether members were to be elected 
from single assembly districts, or counties. 

'^ Ibid., p. 869; vol. V, p. 3959. 

* The speaker of the assembly was given, in addition, an emolument 
equal to a member's salary. New York Convention Documents, vol. i, 
no. 30, p. 3. 



241 ] THE CONSTITUTIONAL CONVENTION OF 1867 241 

sation other than the consciousness of honorable usefuhiess 
and the resulting gratitude of their fellow citizens/ 

THE EXECUTIVE 

Reports on the executive department were received from 
three committees. The regular committee on the Governor 
and lieutenant-governor made the main report. The com- 
mittee on the pardoning power considered that section 
alone, while the committee on legislative powers and duties 
returned a section on the legislative power at extraordi- 
nary sessions, in addition to the regular section relating to 
the Governor's action on bills. The compensation of the 
Governor and lieutenant-governor was to be fixed by the 
legislature, though the terms of office were left unaltered. 
In his message of 1867,^ Governor Fenton had suggested 

^Proceedings and Debates, vol. ii, p. 866. Among the large number 
of provisions suggested by the committee on the powers and duties 
of the legislature, which were already in the constitution, the follow- 
ing were in addition especially recommended: Biennial sessions of the 
legislature; special sessions, with power to consider subjects specified 
only by the Governor. No member was to be expelled from either 
house without a majority vote of its members, nor could one be ex- 
pelled twice for the same offense. Further, there was to be no money 
or property appropriated without a legislative act. The legislature was 
authorized to create a Court of Claims. It also was forbidden to grant 
any extra compensation to a public officer or contractor after the ser- 
vice had been entered upon. This was passed after but little discus- 
sion. {Proceedings, vol. iv, p. 2'/7y.) Railroads were forced to get 
the consent of the town or city officials before construction in cities or 
in incorporated villages, also the consent of property-owners of at least 
one-half the real estate value upon the line of the proposed railroad. 
All local or private bills were required to publish notices in the State 
paper at least twenty days previous to the commencement of the session 
at which the application was to be made. Such bills had to be intro- 
duced during the first sixty days of the session. Also the legislature 
was not to pass local or special laws in certain cases. 

' Messages from the Governors, vol. v, p. 758. He gave his reason 
that the increase in population with the resulting increase in crime, 



242 POLITICAL HISTORY OF NEW YORK STATE [242 

that a stringent limitation should be made on the executive's 
power to pardon. The committee interviewed ex-Gover- 
nors Fish. Morgan and Seymour, as well as Governor Fen- 
ton.^ The advice of all except ex-Governor Fish was 
against an executive council and the section on the pardon- 
ing power remained unaltered. 

A practice established by the Governors and sanctioned 
by the Court of Appeals, whereby the Governor had an m- 
definite length of time within which to act upon a bill after 
the adjournment of the legislature, was discussed by the 
convention. The leading suggestion offered upon this 
power came from Mr. Cornelius L. Allen. Governor Fen- 
ton, it appeared, had suggested that the time for signing 
bills be limited to thirty days after adjournment." The 
proposition for a ten days limitation suggested by Mr. 
Alvord, was rejected but the convention took no definite 
stand on the thirty-day rule.^ 

made the Governor unjustly over-burdened with the consideration of 
reprieves. He suggested no constructive plan. Horace Greeley sug- 
gested a plan in point, viz. " the surviving ex-Governors of this State 
still residing within her limits shall constitute a council of pardons 
and shall meet steadily at the capitol . . . ." Proceedings and De- 
bates, vol. ii, p. 1 183. 

In its original report the committee did not incorporate this, but 
as the report was discussed, the provision was incorporated in a 
section of the executive article as reported by the committee on re- 
vision. Proceedings and Debates, vol. ii, p. 1172, vol. v, p. 3962. 

^ Ibid., p. 1172. 

* Proceedings and Debates, vol. ii, pp. 1128, 1131. Mr. Joshua M. 
Van Cott proposed as a substitute to Mr. Alvord's amendment that 
" No bill shall become a law unless it shall have been presented to 
the Governor at least ten days (Sundays excepted) before the ad- 
journment ... or signed by him before the adjournment, or unless 
it shall have been passed over his objection." This also was lost. 

3 Governor Fenton's thirty-day limit was adopted by the commission 
of 1872. An amendment was submitted and ratified by the people 
in 1874. 



243] -^^^ CONSTITUTIONAL CONVENTION OF 1867 243 

A radical change in connection with the veto power was 
proposed by the committee on the executive. It was sug- 
gested that the Governor might veto certain distinct and 
separate portions of any bill. In case of veto the whole bill 
was to be returned to the legislature and if repassed by the 
required two-thirds vote, it should become a law as if the 
entire bill had not been vetoed. But if the bill did not re- 
ceive the necessary vote, then the part not vetoed was to be 
engrossed as a separate bill and returned to the Governor. 
Messrs. Evarts, Folger and Comstock came out strongly 
against the plan, while Amasa J. Parker sided with the com- 
mittee. Mr. Folger objected that it would make the Gov- 
ernor an affirmative law-maker in that he could accept a 
portion of a measure.^ Mr. Parker maintained that it was 
simply an enlargement of the veto power.^ At length, after 
the consideration of a number of amendments, the ccnven- 
tion, on Mr. Rumsey's motion voted 52 to 30 " to retain the 
existing veto power. 

MISCELLANEOUS 

When the convention met the canal situation was replete 
with opportunities for reform. Two committees were ap- 
pointed to report, one on canals proper, the other upon 
canals and State finance. The financial provisions, except 
those directly connected with the canals, underwent but 
slight change.* The committee on canals proposed the ap- 
pointment of a superintendent of public works for eight 
years by the Governor and senate. He was to have four as- 
sistants, appointed upon his recommendation by the Gover- 
nor and senate.'' Mr. Schoonmaker, Mr. Tappan and Mr. 

^Proceedings and Debates, op. cit., p. 11 12. 

* Ibid., p. 1117. ^ Ibid., p. 1124. 

*Ibid., p. 812. » Ibid., p. 813. 



244 POLITICAL HISTORY OF NEW YORK STATE [244 

Champlain presented a minority report/ They dissented 
from the majority plan on the groimd that it placed too 
much power in the hands of one man, and proposed four 
superintendents instead of one, with the canal divided into 
four sections, the superintendents to be elected by the peo- 
ple for eight years. The majority report was approved by 
the convention after it had been modified by the reduction 
of the term from eight years to five." 

In relation to canal contracts, Mr. Erastus Brooks pro- 
posed an important amendment which was adopted by the 
convention.^ He referred to the provision in the amend- 
ment of 1854 under which the lowest bids, by means of 
combination bids, would be fraudulently rejected for in- 
formality. He proposed that no bid could be rejected for 
informality till an opportunity had been given to the bidder 
for its correction.* Further, under the Brooks amendment 
no specification could be changed before or after the ex- 
ecution of the contract without the consent of the commis- 
sioners of the canal fund and the superintendent of public 
works. ^ 

A large number of amendments were proposed and re- 
jected, when the finance article was under consideration, 
which provided for the taxation of real and personal prop- 
erty.*' The requirement for a statement of property was 

1 Proceedings and Debates, op. cit.. pp. 814-16. 
'Ibid., vol. iii, p. 2056. 

* With the proviso that the contract system might be discontinued 
and other methods of performing public works adopted. 

* Proceedings and Debates, op. cit., p. 2091. ^ Ibid. 

* Among others, were those by : 

Mr. George Rathbun, " Taxation upon the real estate and personal 
property in this state shall be equal on all such property liable to the 
payment of taxes." Proceedings and Debates, vol. iii. p. 2248. 

Mr. Augustus F. Allen, Ibid., vol. iii, p. 1900. 

Mr. Angus McDonald, Ibid., vol. iii, p. 1982. 



245] -^^^ CONSTITUTIONAL CONVENTION OF 1867 245 

omitted. However, the convention agreed to a section 
which in its final form read " real and personal property 
shall be subject to a uniform rule of assessment and taxa- 
tion ".' 

L nder the educational head no important changes were 
made. However, all of the important provisions concern- 
ing education which were adopted by the Constitutional 
Convention of 1894 ' were thoroughly discussed in the con- 
vention of 1867.^ 

The tide of legislative corruption, as well as that among 

Mr. Solomon Townsend, Ibid., vol. iii, p. 2272. 

Mr. Erastus Brooks, Ibid., vol. iii, p. 1982. 

Mr. Marcus Bickford, Ibid., vol. iii, p. 1982. Property both real 
and personal should be assessed at " full cash value." 

Mr. John Stanton Gould, Ibid., vol. iii, p. 2339; He suggested a 
commission of three to investigate and prepare a system of taxation. 

Mr. George Van Campen, Ibid., vol. v, p. 3496; He provided that 
all property, both real and personal, should be taxed " excepting such 
charitable purposes as may be specially exempt by law." 

Mr. David Rumsey, Ibid., vol. iii, p. 1952. 

Revised Record of Constitutional Convention of 1894, vol. v, doc. 62, 
P- 695. 

' Proceedings and Debates, vol. v, p. 3969. 

• " The present constitution is silent upon the vital point of the estab- 
lishment and maintenance of a system of free common schools. It 
may be urged that no imagination can picture this State refusing to 
provide education for its children and for this reason the declaration 
which your Committee have reported in Section i, might, no doubt 
be omitted without endangering the stability of our present system 
of education. But the same reasoning would apply to many other 
matters . . . and it is a significant fact that within the last half cen- 
tury of constitutional revision no other state of the Union has con- 
sidered it superfluous or unwise to make such an affirmation in its 
fundamental law. Your committee, therefore, recommends the adop- 
tion of Section i, as an applied direction to the legislature to provide 
for a system of free common schools wherein all the children of the 
State may be educated." 

* The provision regarding the common schools had once been adopted 
by the convention of 1846 but afterwards rejected. 



246 POLITICAL HISTORY OF NEW YORK STATE [246 

public officers, was at its flood during this period. The com- 
mittee on official corruption took extensive testimony on 
the alleged bribery of members of the legislature, on which 
they based the report/ Bribery of public officers was de- 
tined and provision made for its punishment by imprison- 
ment for not less than three years." Satisfactory proof of 
innocence was to be the only avenue leading to a pardon or 
a commuted sentence when once convicted of bribery. A 
radical change in the law was proposed by the committee 
under which the briber, if the bribe was accepted, was not 
to be punished. The sole person guilty of a criminal of- 
fense was to be the bribee. An attempt at bribery was like- 
wise made a felony, punishable in the same manner as the 
offense of receiving a bribe with this difference, that the 
briber was to be the person guilty of criminal offense.' 
The committee believed that the only way to overcome the 
tendency toward bribery was to make one of the parties to 
the crime immune. They believed the briber was the less 
guilty of the two. The article as proposed by the conven- 
tion of 1867 was recommended practically in foto by the 
commission of 1872 and the people adopted it in 1874.* 

' Proceedings and Debates, vol. iii, pp. 2276-80 ; Convention Docu- 
ments, vol. V, No. 150. Testimony and Report, pp. 1-51. 

* Com'ention Documents:, op. cit., p. 2. 

' Ibid., sec. 2. " The person or persons giving such bribe, if the same 
shall be accepted, shall not be deemed guilty of a penal offense, nor 
liable to civil or criminal prosecution therefor. But any person 
who offers or promises such bribe if the same shall be rejected by 
the official to whom it is tendered, shall be deemed guilty of an 
attempt to bribe, which is hereby declared to be a felony, and on 
conviction shall receive the same measure of punishment as is pro- 
vided in this article for a person convicted of receiving a bribe." 

Sec. 3. "A person charged with receiving a bribe, or with offering 
or promising a bribe that is rejected, may be compelled to testify 
against himself in any civil or criminal prosecution therefor, . . . and 
the lapse of time shall not be a bar to any prosecution against him." 

* Journal of the Constitutional Commission, 1872-3, pp. 50, 474. 



247] '^^^ CONSTITUTIONAL CONVENTION OF 1867 247 

Under the direction of Erastus Brooks, state charities 
received exhaustive attention in the convention/ The 
efforts spent in that direction bore fruit in the convention 
of 1894.^ The proposal of the committee was to make the 
State board of charities permanent by constitutional provi- 
sion. The majority in the convention argued that the State 
board of charities, only recently created, w^as an experi- 
ment and that the legislature should be given the oppor- 
tunity to reflect on it. This reflection was continued for 
twenty-seven years up to the convention of 1894."'' 

Under the statute which called the convention, it was re- 
quired to meet on the first Tuesday of June (4th). The 
constitution which was to result from its deliberation was 
to be submitted on November 5, 1867, at the general elec- 
tion. The convention worked steadily through the sum- 
mer. When in the latter part of September it became evi- 
dent that the convention would not be able to complete its 
work in time for the election set, George William Curtis 
proposed that the convention should adjourn until Novem- 
ber 1 2th.* This proposition was debated at great length. 
Mr. Smith M. Weed favored adjournment until the first 
Tuesday of May, 1868," maintaining that this would be 
necessary in order to allow the legislature time to pass an 
enabling act. Samuel J. Tilden cast doubt on the legality 
of a submission not under the statute.* Mr. Joshua M. 
Van Cott believed that the power of the convention came 
from the people direct and not from the legislature,^ which, 

' Proceedings and Debates, vol. v, p. 3969. 

* Ibid., vol. iii, pp. 2710-2793; Report, vol. ii, pp. 1309-10. 

* Revised Record Const. Conv., 1894, vol. ii, pp. 948-949. 

* Proceedings and Debates, vol. iii, p. 1955. 

* Ibid., p. 1957. * Ibid., p. i960. 
' Ibid., p. 1561. 



248 POLITICAL HISTORY OF NEW YORK STATE [248 

therefore, had no power to limit the time of the conven- 
tion. The resolution advanced by Mr. Curtis was passed 
by a vote of 70 to 40.^ 

The committee on submission recommended on Feb- 
ruary 21. 1868. that the constitution be submitted in two 
parts, viz. : first, '' The constitution, except the article on 
the judiciary"; second, "The article on the judiciary ".'^ 
It also suggested the separate submission of the question 
whether the portion of the constitution of 1846 w^hich im- 
posed a property qualification on colored voters should be 
retained.^ The committee further believed that the conven- 
tion had the power to fix the time for the submission of the 
constitution.* Two propositions, one to submit the consti- 
tution at a special election in June,*"* the other to submit it 
to the legislature, were defeated.*' By a vote of 61 to 31, the 
convention adopted the committee's recommendation to 
submit the constitution at the November election of 1868.'^ 
Several miscellaneous propositions for separate submission 
were defeated. The convention accepted the constitution 
by a vote of 84 to 31 on February 28, 1868. 

RESUME 

Mr. Folger, as chairman of a select committee of ten, 
prepared an address to the people w^hich may be cited as an 
excellent summary of the convention's work. The address 
was made the more valuable by the many alterations, cor- 

1 Proceedings and Debates, vol. iii, p. 1969. 

* Convention Documents, 1868, vol. v, no. 180, p. I. 

* Ibid., p. 2. 

* Convention Documents, 1868-69, vol. v, no. 180, p. 3. "Resolved: 
that this Convention has the power, and it is its duty, to fix the time 
for the submission of the Constitution." 

* Williams, Proceedings and Debates, vol. v, pp. 3896, 3906. 

* Ferry, ibid., p. 3906. '' Ibid., p. 3907. 



\ 



249] THE CONSTITUTIONAL CONVENTION OF 1867 249 

rections and criticisms through which it passed in com- 
mittee of the whole.' 

The delegates of the people, in Convention assembled to re- 
vise and amend the constitution of the State, having ended 
their labors, present to the people for their adoption an 
amended constitution of fourteen articles, to be considered 
together. 

They have presented for separate consideration, ^ a para- 
graph relative to suffrage for colored persons. The rejection 
of this by the people will not effect the harmony of the 
whole instrument, and if adopted, it will become a part of the 
constitution without and derangement of that ti which it is 
attached. In these fourteen articles, we have provided for 
progress in agriculture, by requiring general laws giving the 
right of draining across adjoining lands. 

We have provided new and stringent provisions to stop 
bribery and improper influence at elections, and have required 
from each elector, upon challenge, to make oath that he is free 
from corrupt motive and practice, and we have provided in 
explicit terms for a registry of voters by laws to be uniform 
in all cities. 

We have reorganized the Legislature, so that the terms of 
office of all the Senators shall not expire at the same time, 
thereby securing in that body a new element of experience 
and stability, and to the end of greater capacity in the repre- 
sentative, have restored the plan of electing members of As- 
sembly by counties. 

We have increased the compensation of the members of the 
Legislature, as a means to their integrity, and increased their 
number to one hundred and thirty-nine as a step toward the 
prevention of controlling combinations. 

We have, to stop abuses in the disposition of public money 
by law, placed important restrictions upon the exercise of 

* As quoted here the address is in its final form. 

* Proceedings and Debates, vol. v, p. 9916. 



250 POLITICAL HISTORY OF NEW YORK STATE [250 

legislative powers ; have confined it more to general legislation 
by positive inhibition upon the passage of special laws, and 
upon matters of local moment have provided for large power 
of legislation in boards of supervisors. 

We h.ave strengthened the veto power of the Governor by 
requiring a larger legislative vote to pass a bill in spite of his 
objections. 

We have changed the time of the election of the Secretary 
of State, Comptroller, Attorney-General and Treasurer, so that 
they shall be chosen at the same time with the Governor. 

We have changed the system of the care and management 
of the canals l:)y abolishing the ot^ces of canal commissioners, 
and have discontinued certain boards and officers having direc- 
tion of the canals, and have provided for an individual and 
substantial and single responsibility for official action in regard 
thereto, by creating one head to the canal system, who is to 
be appointed by the Governor and Senate for five years, with 
large and important powers, and with the sole control of the 
canals, and with the sole and immediate responsibility for its 
exercise. 

We have set guards against the making in wicked ways and 
for evil purposes, of contracts for the maintenance of the 
canals. 

We have created a court of claims for the adjudication of 
all demands against the State, and taken away all the power 
of the Legislature to pass laws in relation to claims, thereby 
removing one prolific cause of frequent interested and some- 
times improvident legislation ; we have created a solicitor in 
this court to care for the interest of the State in the matters 
which come into this court ; and we have abolished the office 
of canal appraiser. 

We have materially changed the judicial system ; we have 
made a permanent and efficient court of last resort of seven 
judges, to be elected for fourteen years, no elector to vote for 
more than five candidates ; for a commission to dispose of the 
causes accumulated in the present Court of Appeals, thus re- 
lieving the suitors from the delay which is a denial of justice ; 



251] THE CONSTITUTIONAL CONVENTION OF 1867 25 1 

for such an arrangement of the existing Supreme Court, as 
will restrict the number of general terms, thus securing less 
diversity of decision, and have extended the term of office of 
the Justices of the Supreme Court; we have made courts, by 
the Constitution, of the Superior Court of the City of New 
York, the Court of Common Pleas thereof, the Superior Court 
of Buffalo, and the city court of Brooklyn, continuing in office 
the present judges thereof, and lengthening the term of their 
successors to fourteen years, and increased the number of 
judges of the Court of Common Pleas of New York. 

We have much enlarged the jurisdiction of the county court 
and extended the terms of office of the County Judge. 

We have provided that no judge of the Court of Appeals or 
Superior Court shall sit in review of his decision, and for- 
bidden certain judges from practising in courts and acting as 
referee. 

We have provided for the relief of Surrogates' Courts in 
the counties of largest population ; and generally have increased 
the working power of the courts, and by the extended term 
of office have made more independent and permanent and use- 
ful the bench of the State. 

We have also provided that, in 1873, it shall be submitted 
to the people whether the judges of the higher courts of record 
shall be appointed by the Governor, rather than elected by the 
people. 

We have made new provisions in regard to the organization 
and government of cities, by increasing the power and respon- 
sibility of the Mayor, by preventing members of the common 
council from holding any other office, and any city officer from 
being a member of the Legislature ; by providing for the organ- 
ization of government of cities by general laws, and forbidding 
special acts for such purposes, we have restrained the power 
of the common council of any city to dispose of public money. 

We have continued the constitutional provision as to the 
funds for the purposes of education, making them inviolate ; 
and have also made inviolate the fund arising from the sale 
of the land donated to the State by the general government, 



252 POLITICAL HISTORY OF NEW YORK STATE [252 

and the fund known as the Cornell University fund, and have 
commandeci legislative provision for free instruction in the 
common schools of all between seven and twenty years of age. 

We have materially changed the system of control of the 
State's prisons. 

We have abolished the offices of inspectors thereof, and have 
made instead an unpaid board of five persons to be appointed 
by the Governor and Senate for ten years ; which board shall 
appoint the warden of each prison, who, in turn, shall appoint 
his subordinates. 

We have provided for an annual enrollment of the militia; 
for its division into an active and reserve force ; for the for- 
mation of a national guard, not to exceed in time of peace 
thirty thousand men ; for the election of brigadier-generals by 
field officers of brigades, for the expiration of all commissions 
in ten years from date, and for the organization of a reserve 
corps of officers to be composed by those retired at the end of 
ten years. 

The financial article of the constitution of 1848, with its 
salutary provisions of tried goodness, is in the main preserved 
but we have simplified its letter ; and, led by its careful spirit, 
have provided that the State shall not in any way, save by 
bequest, own stock or shares in any corporation, or invest in 
the same. 

We have authorized the extension of the time for the pay- 
ment of the ' bounty debt ', so as to lessen the annual tax 
therefor, and to spread its burdens over a large space. 

We have made provision for an earlier application of the 
revenues of the canals to their improvement. 

We have required that there shall be a uniform and equal 
rule of assessment and taxation of real and personal estate. 

Recognizing the strength of the public feeling, and deeply 
impressed thereby, we have made stringent provisions as to 
corruption in office, and as to bribery of officials ; made prac- 
ticable the trial and conviction of ofiFenders ; have put upon 
district attorneys the duty of prosecuting, under penalty for 
negligence, and have provided for the payment by the State 



253] ^^^ CONSTITUTIONAL CONVENTION OF 1867 253 

of the expenses of prosecutors against a State or legislative 
official for bribery in office. 

We have also enacted an oath for public officers as a guard 
against bribery at election. 

These fourteen articles embrace all the provisions agreed 
upon in the Convention, and compose an entire constitution for 
the State. The discussion and conclusions of the Convention 
have not resulted in many or great changes in the theory of a 
State government, but have come principally to the amending 
of modes, the alteration of details, the putting stops upon 
abuses, and the well working of the wdiole by easing friction 
in the parts. 

The Convention has conceived that as its amendments are 
numerous, affecting every article of the present Constitution, 
often dependent one upon the other, and together making a 
constitution, in the judgment of the Convention, complete and 
harmonious, it is not judicious or practicable to take part from 
the others to be passed upon by the people separately. 

After the proposed constitution had gone through 
its hnal reading, the constitution was signed by the 
delegates present and was delivered by President Wheeler 
to the Hon. Homer A. Nelson. Secretary of State. Presi- 
dent W^heeler in a brief but dignified address, the spirit of 
w'hich was the hope " that our labors have not been alto- 
gether fruitless ",^ adjourned the convention sine die.^ 

^ Proceedings and Debates, vol. v, p. 3950. 

* This convention sat nine months, including adjournments. The 
convention of 1776-7 sat a short time, only six weeks being de- 
voted to the actual work of making a constitution. The present 
convention sat close to four, times as long as the convention of 
1821, and was twice as long as that of 1846. The convention of 1894 
.sat four months and three weeks. 



254 POLITICAL HISTORY OF NEW YORK STATE [254 

SUBMISSION 

An attempt was made by the assembly of 1868 to pass a 
bill for the submission of the constitution at the November 
election for that year. This was blocked in the senate. 
However, in May the legislature passed an act which rati- 
fied the proceedings of the convention held beyond the time 
fixed for the submission of its acts to the people.^ The 
weight of opinion seems to hold that this ratification was 
unnecessary. Mr. Charles Z. Lincoln states : " I think it is 
very clear that the legislature had no power to limit the 
deliberations of a constitutional convention ; such a conven- 
tion may make or unmake the legislature itself." ^ 

Mr. Folger, continuing his senatorial activity in behalf 
of the convention's plan of submission, introduced a bill, 
early in 1869, to submit the proposed constitution at a 
special election on Tuesday, April 4, 1869. He incorpor- 
ated the convention's plan for the submission of the con- 
stitution as a whole and the question of property qualifica- 
tions for colored voters. Mr. Murphy of the senate judic- 
iaiy committee, to which the bill had been referred, made 
a minority report and accompanied it with a bill which 
proposed the submission at the November election in 1869, 
also, that the article on the judiciary should be submitted 
separately. Before the bill became a law it was amended 
so as to provide for the submission of the constitution in 
four parts : first, the complete constitution with the judiciary 
article ; second, the article on the judiciary ; third, the pro- 

' Laws of 1868, ch. 538, May 2, 1868. 

* Lincoln, Constitutional History of Nezv York, vol. ii, p. 414. The 
legislature of 1894 used a potent means to limit (he length of the 
convention. It stated a definite period for which compensation would 
be due to members of the convention. This did not stop the con- 
vention of 1894 from continuing its labors over the time set. 



255] -^^^ CONSTITUTIONAL CONVENTION OF 1867 255 

vision relating- to taxes ; and lastly, the qualifications for 
colored voters.^ 

The question naturally arises, what right did the legis- 
lature have to control the method of constitutional submis- 
sion? While it is not within our province to discuss a ques- 
tion of constitutional ethics, it appeals to the author as an- 
other instance of the usurpation of power by the legisla- 
ture. If. as appears clear, in the case of a constitutional 
convention, the legislature has no previous power to deter- 
mine the method of a constitution's submission in part or 
whole, why should it have that power after the constitution 
had been formed? The New York State constitution pro- 
vides for but two ways of constitutional amendment.^ 
First, the legislature is authorized to submit amendments, 
which require previous action by two legislatures. A con- 
stitutional convention, independent of the legislature, is the 
second mode of amendment. Where the latter mode of 
procedure has been decided upon by the people, why should 
the legislature have power to step in and dissect the work 
of the convention on the question of submission? If such 
a method is good law, wherein have the people power to 
control the legislature?^ 

^ The recommendation of the convention for a separate submission 
was ignored by the legislature. This attitude on the part of the 
legislature might have been anticipated from the Act of May 2, 
1868 (Chap. 538) "Nothing herein contained shall be held or con- 
strued to affirm or ratify any form or mode of submission to the 
people of the Constitution by said Convention proposed." 

* Neiv York Constitution, art. xiv, sees. 1-3. 

•'' The New York State constitution as acted upon by the convention 
of 1894 says: "Any proposed constitution or constitutional amendment 
which shall have been adopted by such convention, shall be sub- 
mitted to a vote of the electors of the State at the time and in the 
manner provided by such convention, at an election which shall be 
held not less than six weeks after the adjournment of such con- 
vention." Article xiv, sec. 2. 



256 POLITICAL HISTORY OF NEW YORK STATE [256 

As prescribed by statute, the people voted upon the 
constitution at the regular election November 2, 1869. 
The judiciary article was approved by a vote of 247,240 to 
240,442,' but the people rejected the constitution by a vote 
of 223,935 to 290,456.' The constitutional amendment 
providing for equal assessment and taxation was lost by 
a majority of 89,448,'^ as was equal negro suffrage by a 
vote of 249,802 to 282,403.* There can be no question of 
the chagrin to many members of the convention due to the 
large failure of their work. Still the fact that many of the 
most important reforms proposed by the convention were 
recommended by the commission of 1872 must have been a 
solace. The fact that the people in 1874 and 1876 chose 
many of the reforms suggested by the convention of 1867 
gives evidence that their arrows were not aimed at the con- 
stitution as a whole. 

POLITICAL ASPECTS OF THE CONVENTION 

Politically, the constitutional convention and the pro- 
posed constitution exerted but slight influence upon condi- 
tions, in comparison with the political power brought to 
bear upon the convention. Its members were more "sinned 
against than sinning ". The convention was theoretically 
a constitutional non-political body. Practically, however, 
it was a most decided political organization. This could 
hardly be otherwise in the nature of the case. As we have 
stated before, the political complexion of the convention 

' Tribune Almanac, 1870, p. 51. * Ibid. 

* Ibid. For, 183,812; against, 273,260. 

* Ibid., p. 53. In i860 the same proposition received the following 
vote : total vote, 535,487 ; for negro suffrage, 197,503, against negro 
suffrage, 337,984. In 1846 the vote on the same question w^as : total 
vote, 309,742; for negro suffrage, 85,406, against negro suffrage, 224,336. 
Annual Cyc, 1869, p. 490. 



257] '^^^ CONSTITUTIONAL CONVENTION OF 1867 257 

was Republican, ninety-seven of the one hundred-sixty 
delegates being Republican. However, there was a silent 
minority, which to the opposing leaders meant danger. 
Mr. San ford E. Church was the Democratic leader most 
feared. In speaking upon the question of submission, Mr. 
M. I. Townsend said of him : " It is equally true that if 
matters shall stand as they now do, a breath from the great 
war-horse of the Democratic party, my friend from Or- 
leans . . . might be sufficient to array his whole party 
against the other articles ^ whether the submission be in 
June or in the fall." Mr. Townsend then continues: 

The other articles are doomed to defeat, hopelessly doomed. 
What do our Democratic friends mean here? What signifies 
this silence? - 1 do not hesitate to look at political distinctions; 
I want that we, as Republicans, should not be beguiled and led 
into traps in regard to this matter. If our friends upon the 
Democratic side of the house want this Constitution adopted, 
they can say so; and when they say so,, all question of con- 
flict is past.^ 

' All besides the judiciary article. 

' Nezv York Tribune, August 7, 1867. Mr. Greeley warned the Re- 
publican on this point. " It is no credit to the Republican majority 
that the minority have virtually ruled the Convention thus far. [By 
their absence.] Shall it be so to the end? 

•^ Albany Argus, Feb. 2j, 1868, after summing up the work of 
the Convention to date rather disagreed with the above: "The 
vast scheme of centralization and usurpation cannot be successful, 
if the people in the coming election wrest the power from the 
hands of the party who expect to profit by it. Place the Democracy 
in power by your votes, and these conspirators will hasten to undo 
their work. They will build up no lawless patronage, no vast schemes 
of expenditure . . . pile up no arbitrary powers in the hands of cen- 
tral officials or State boards. They will hasten to undo their work, 
will rather abandon it and leave it a monument of their baffled 
ambiiion, than permit it to exist as a means of strength to their 
adversaries." Under the title "A Copperhead Hiss," Harper's Weekly 
derived much amusement from the fury of the Albany Argus, the 



258 POLITICAL HISTORY OF NEW YORK STATE [258 

A number of the Republican leaders of the convention 
recognized the unpopularity of the proposed constitution/ 
Mr. Hale, in his argument against a separate submission, 
said: 

Suppose the Democratic party should make an issue upon any 
part of this Constitution and should wish to have the prestige 
of victory in June for the purpose of aiding them in Novem- 
ber, are they tempted by having the election in June to make 
that eflfort without regard to their opinion of the merits of 
this Constitution, for the sake of the effect whicli the prestige 
of victory would give them in November? 

Mr. Verplanck, in speaking of the action of the convention 
giving the unrestricted right to vote to all the male inhabi- 
tants of the State over twenty-one years old, and the re- 
sult of the Ohio election " on the subject of negro suffrage, 
said, " These two facts have greatly contributed to make 
this convention unpopular with the people of the State." ^ 
Judge Comstock, of Syracuse, one of the minority leaders 
who replied for the minority, would not commit himself. 
He answered that it was " the duty of all of us, although 

chief Copperhead organ in this State, over the recess of the Con- 
stitutional Convention. " It has been the fond hope of the amiable 
Argus from the moment that submission of the new Constitution at 
the election this autumn became evidently impossible, that it would go 
over until next autumn. When the Argus contemplates a separate 
submission of the instrument to the calm and unbiased popular judg- 
ment, it froths in the most comical manner." [Froth.] " Shameful 
and impotent conclusion. These men think that they can escape the 
people thus. They rely upon this juggle to cheat the people out of 
power, and to impose upon future generations a costly, arbitrary, cen- 
tralized government against their will, without their consent, by the 
sleight of hand of a mountebank trick." Harper's Weekly, Oct. 12, 
1867, p. 642. 

* Proceedings and Debates, vol. v, p. 3903. 

''Ibid., vol. v, p. 3904. ^Ibid. 



259] ^^^ CONSTITUTIONAL CONVENTION OF 1867 259 

we have sat here together in framing the constitution, to- 
examine it carefully, as a whole, and say whether it ought 
to command our condemnation or approval." ^ 

The majority party early in the course of the convention 
found another powerful foe within its own ranks. Horace 
Greeley, who was a member of the convention, soon grew 
restless under the routine. The frequent lack of quorum 
and general irregular attendance annoyed him. He vigor- 
ously opposed the Friday to Tuesday adjournment.^ It was 
his belief that the convention should work hard and finish 
the revision at an early date. He spoke often, but presently 
lost the power to influence his fellows. Then he turned to 
the Tribune as an outlet for his views and feelings. The 
Tribune with its constant biting remarks led the sentiment 
of the lesser Republican papers, which harmed the work 
of the convention to an incalculable degree.^ 

' Proceedings and Debates, op. cit., p. 3905. With the exception of 
ihe Tribune and the Dispatch, all the daily and weekly newspapers 
published in New York City were virtually arrayed against the 
Constitution. 

* Proceedings and Debates, vol. i, p. 164; vol. iii, pp. 1958-9. Greeley 
made a practice of reporting the names of the absentees in the 
Tribune. We find the following characteristic note at the foot of his 
convention report for September 7, 1867 : "A party of ten or twelve 
delegates, headed by the Secretary of the Convention, Major Caldwell, 
last night started for Boston for a few days of Mackerel fishing." 

' The following extracts may be taken as typical of the almost con- 
stant growlings of the Tribune at the sloth of the convention, as well 
as the necessity of the people to constantly watch its proceedings and 
to inform the convention of the public sentiment upon questions of 
weight. In the Tribune, August i, 1867, Greeley eagerly prepared the 
minds of the people for an unsatisfactory settlement of the judiciary 
question: 'If we are to be believe the reports from the Constitutional 
Convention . . . there is but little hope for a thorough reform of our 
judicial system." "We again ask the Citizen's Association why it 
remains quiescent at this critical time. It has in a languid way as- 
serted the necessity of change; but it has not collected and published 



26o POLITICAL HISTORY OF NEW YORK STATE [260 

When the convention adjourned on September 24th until 
November 12th. the Democrats at once were strident in 
their accusations. The World could not conceal its delight/ 

the facts which would convince the mass of honest citizens of that 
necessity." On August 7th (Tribune, August 7. 1867), in speak- 
ing of the eight weeks of actual session from June 4th, Greeley says : 
" Of the other eight, a considerable portion of each have been lost 
through adjournments from Friday to the succeeding Monday. At 
the hour appointed for assembling, no quorum appears ; so that day 
is wasted in awaiting or more actively seeking to obtain one. If the 
Convention declines to adjourn over when asked, a large portion of 
the members take French leave, and return when convenient . . . 
Members gravely rise in their places and ask that a decision on the 
pending question be postponed because A, B, and C are absent, who 
desire to speak or vote thereon. . . 

What right have these or have the incumbents of other offices 
requiring frequent personal attendance at points remote from Albany 
to accept nominations to seats in the Convention? Why not frankly 
say, I have duties or tastes which are incompatible with faithful ser- 
vice as delegate. Would not this have been wiser and worthier than 
to undertake responsibilities so grave with purposes or obligations 
so incongruous." 

In justice to Greeley it must be said that he violently defended the 
majority from the Democrat attacks. He gave the minority " full 
faith and credit " for its share in the non-productiveness of the con- 
vention. Further, in the campaign of 1867, Greeley consistently main- 
tained the Radical doctrine of equal suffrage for negroes. The 
Herald of Sept. 28, 1867 remarks : " While Greeley proposes to fight 
through this fall campaign on the paramount issue of the ' almighty 
nigger ', and to drop all side issues, Senator Conkling proposes to 
sink all the great issues of the day in the little side issues of Andrew 
Johnson. Gentlemen, which is your ticket, Mr. Johnson, or Pompey?" 

^ New York World. September 26, 1867: "The adjournment to the 
i2th of November is a skulking subterfuge to avoid an open confes- 
sion of failure. . . . When the Convention meets on the 12th of 
November, it will be as destitute of any legal authority as a caucus. 
... In the farce which follows this well-hissed play, the Republicans 
will resort to all sorts of dodges and expedients. ... If the Republi- 
cans are really in favor of negro suffrage, . . . why did they refuse 
to submit it as a Constitutional amendment?" "The skulking out of 
the Convention project will cover the Republican party with derision." 

Then in a gentle spirit of humility the World adds : " The Demo- 



26l] THE CONSTITUTIONAL CONVENTION OF 1867 261 

The Herald was uncompromising in its criticism of the 
majority/ 

For this, as for the whole work of the Convention since its 
organization, the Repubhcan majority are responsible. ... If 
the whole of the Democratic members had absented them- 
selves from their seats from the first day of the Convention, 
the Republicans, if faithful in their attendance, could have 
completed their work in time for the next general election. 
There is no possibility, therefore, for the party of the major- 
ity to evade the responsibility for the disgraceful failure of 
the Convention, and that failure can be attributed only to one 
of two causes — incompetency or dishonesty. 

The Nation ^ in a calm, judicious article admitted that 
" everybody is more or less disappointed both with what 
the convention has accomplished and with what it promises. 
It has not dealt boldly with any of the abuses it was ex- 
pected to remedy." This failure on the part of the Radical 
majority to bring the convention to a close in time for sub- 
mission at the regular November election was attributed to 
cowardice. The Democrats maintained that the recess was 
taken to avoid a confession of failure. Further, the ma- 
jority was accused of taking this method to evade bringing 
the question of negro suffrage to a vote at the next election. 
The failure of the majority to bring the burning question 
of negro suffrage to a vote caused it to be the object of 
ridicule, to all appearances rightfully deserved. To attempt 
the reconciliation of the convention's resolutions for " im- 

cratic party has reason to be thankful that these odious schemes of 
mis-rule have miscarried, and that the total net result of the Con- 
vention is a ntvi weapon to be used against the Republicans. Let it be 
brandished in their faces. Let it be thrust into their entrails. Let 
them be smitten with it ' hip and thigh.' " 

' New York Herald, September 26, 1867. 

* The Nation, October 3, 1867, p. 274. 



262 POLITICAL HISTORY OF NEW YORK STATE [262 

partial suffrage " ^ with its action seems to emphasize the 
truth of the Democratic position. The fact that the con- 
vention was under the absolute control of the Radicals war- 
rants the assumption that they might have finished their 
work in the early autumn. Even the New York Times ^ 
could not refrain from uttering a lament : 

It is impossible not to feel that the Constitutional Convention 
thus far is a failure. It has done nothing of the things ex- 
pected from it, nor has it shown any courage or energy in 
grappling with the various reforms which we demanded for 
the public good. Its action has been timid, halting and utterly 
indecisive. 

Another stumbling-block was in store for the Re- 
publican party on the question of negro suffrage. The fact 
that their State convention, held at Syracuse on September 
25, 1867, had incorporated in their platform a plank ^ 
which approved the action of Congress on March 2, 1867, 
forcing negro suffrage upon the Southern States, was a 
severe handicap. "* " The negro suffrage resolve of the con- 

* Proceedings and Debates, vol. v, p. 3597. Art. ii, sec. i : " Every 
male inhabitant of the age of twenty-one years who shall have been 
a citizen for ten days and a resident of the State for one year next 
preceding an election, and for the last four months a resident of the 
county where he may ofifer his vote, shall be entitled to vote . . . pro- 
vided that such citizen shall have been for thirty days next preceding 
the election a resident of the town or ward, and for ten days of the 
election district in which he offers his vote." 

* New York Tunes, September 26, 1867. 

'"Resolved: That, as Republicans of the State of New York recog- 
nizing the obligation of consistency and straight- forwardness in sup- 
port of the great principles we profess, we unhesitatingly declare that 
suffrage should be impartial, that it is a right not to be limited by 
property or color." Annual Cyc, 1867, p. 543. 

* New York Herald, Sept. 27, 1867. James Gordon Bennett spoke of 
the Radical platform as a " sneaking, diluted, cowardly, fraudulent 
affair " and its treatment of the negro suffrage question, as well as 
other questions, as " timid " and " gingerly." 



263] T^^ CONSTITUTIONAL CONVENTION OF 1867 263 

vention is also an apology which accuses the party that 
makes it." ^ " The Republicans claim to be a majority in 
the State; and if they are, they could have conferred suf- 
frage on negroes in this election, if they had chosen. What 
a barefaced sham it is to make a barren resolve in favor of 
black suffrage, instead of submitting it to the people and 
establishing it. If you are in favor of negro suffrage, why 
not confer it at once? How can you blame the South for 
hesitating when you hesitate? If you shrink from giving 
the ballot to a few thousand negroes at home, why do you 
insist that it should be conferred on millions in the South ?"^ 
These questions put by the World are representative of the 
arguments used by the various Democratic papers. 

The Nation attributed the lack of success in the conven- 
tion proceedings to two main causes : the agitation in Fed- 
eral politics, and " the indifference of the public to all its 
doings." 

The proceedings of the Constitutional Convention of this State 
furnish a remarkable illustration of the injurious effects upon 
the work of local reform of the agitation now raging in Fed- 
eral politics. . . . The confusing influence upon it of Federal 
politics has been well illustrated in its action on the suffrage 
question. . . . The Convention has not been called together to 
help in the diffusion through the Union of equal rights. It 
has been called to remedy the defects in the government of 
the State of New York; and the imposition of a property 
qualification on colored persons, though an important defect, 
was by no means the most important of the defects. It has 
been put in the first place, and taken up most time, simply 
because of its bearing on the course of reconstruction at the 

* New York World, September 27, 1867. 

' New York Times, September 25, 1867. The Times thought that the 
convention could have at least made a separate submission at the fall 
election on the question of suffrage. 



264 POLITICAL HISTORY OF NEW YORK STATE [264 

South. The Democrats opposed it not because they anticipate 
any mischief from the removal of an odious discrimination 
against a few hundred citizens, but because they fear the in- 
fluence of the change on the conflict between privilege and 
Democracy at the South. The Republicans support it not be- 
cause they fear the property qualification to be a grievous 
burden to the negroes, or because they feel that its removal 
will be any sensible benefit to the state, but because its main- 
tenance would tell against their cause at Washington.^ 

The up-State papers of the Radicals gave daily attention 
to the movements in the constitutional convention,' and 
in so far as they noticed the Democratic attacks upon its 
failure to face the issue of negro sufifrage, the belief was 
comfortably expressed that the legislature would legiti- 
matize the convention upon reconvening.'^ The Buffalo 
Express attempted to minimize the Democratic attacks by 
disclosing the consistent endeavors of the Democratic 
minority in the convention to obstruct the work of the ma- 
jority.* The Democratic journals up-State claimed that 
the constitutional convention was a failure in every respect,' 
and that it had legally ceased to exist.® The Buffalo Daily 
Courier recommended that the Radicals' plan for the bridg- 
ing over of an election be patented.^ " Too weak to live 
and too infirm to die, it refuses to adjourn," said the 
Argus,^ " and yet is incapable of meeting ". 

* The Nation, October 3, 1867, p. 274. 

* Buffalo Express gave the fullest account. 

* Syracuse Daily Journal, Sept. 25, 28, 1867. 

* Buffalo Express, Sept. 28, 1867. 

* Rochester Daily Union and Advertiser, Sept. 24, 1867. 
' Utica Daily Observer, Sept. 25, 1867. 

' Buffalo Daily Courier, Sept. 25, 1867. 
' Albany Argus, Sept. 25, 1867. 



265] ^^^ CONSTITUTIONAL CONVENTION OF 1867 265 

The revised constitution was the center of attack in 
the campaign of 1869. The fact that the Republicans 
had controlled the convention and had insisted upon a 
negro suffrage clause, deteniiined the Democrats upon its 
defeat. The keynote was given to the campaign when the 
Democratic State Convention ^ at Syracuse declared that 

the amended Constitution of this State in its various schedules 
to be submitted to the electors does not commend itself to the 
favor of the Democrats of the State, either by the motives in 
which it was conceived, or by the manner in which it was 
presented, or its intrinsic worth. - 

There appears to be little question that the concentrated 
power of a great political organism was sufficient to defeat 
the constitution. It is to be remembered that the influence 
of the Democrats in this State was in the ascendant at this 
time. The constitution suffered defeat by a majority of 
66.521 votes.'' The majority of the Democrats for that 
year on the votes for State officers was over 20,000. The 
total vote cast for the office of secretary of state was 127,- 
316* more than that cast for the constitution. These 
figures would seem to show that the vote on the constitution 
was not entirely on party lines. In their State platform for 
1869 the Republicans were given small light to follow in 
regard to the constitution, no reference being made to it. 

We may state, by way of summary, certain of the more 
powerful causes that operated to effect the defeat of the 

* Held at Syracuse, September 22, 1869. 

* Annual Cyc, 1869, p. 488. 

* Tribune Almanac, 1870, p. 51. 

On the Constituiion. 

* Ibid. Secretary of State, Dem. 330,974 Against 290,456 

Rep. 310,733 For 223,935 

Total 641,707 514,391 



266 POLITICAL HISTORY OF NEW YORK STATE [266 

constitution. The constitutional convention at best was 
never popular being always regarded by the people with a 
degree of suspicion. This unrest was intensified by 
the criticisms of Horace Greeley, who attempted to stem 
the tide too late. The canal frauds which were being 
disclosed at this time presented an unguarded flank for at- 
tack upon Republican dogma. The Radicals' policy of re- 
construction lost many votes. Then, doubtless, many of the 
propositions proposed by the convention were too advanced 
for the people at large at that time. The more important 
points have since been incorporated in our constitution and 
time has shown the unimportance of others, which have 
consequently been dropped. Two causes, however, appear 
to rank above all others as contributory to the overthrow 
of the proposed constitution. First, the Republicans dur- 
ing and after the convention failed to seize the earliest op- 
portunity to show the sincerity of their purpose as to negro 
suffrage. Secondly, and more important still, the Demo- 
crats under the direction of the Tweed ring, which at this 
time held New York City in a grip of iron and was extend- 
ing its influence up-State, were united against it. Natur- 
ally, the ring had no wish to foster changes potentially 
inimical to its rule. Lastly, it is altogether significant 
that independent Republican thinkers themselves aided in 
the constitution's downfall. 



CHAPTER X 
The Alliance of Wall Street and the Legislature 

The political history of New York State for the year 
1868 would be incomplete without a treatment of the "Erie 
Railroad War ", which involved the economic and political 
foundations of the State. Millions were toyed with in Wall 
Street strategy which caused stagnation in the country's 
transportation, with a consequent suffering among the 
working class; the judicial ermine was disgraced and the 
legislative honor of the State made a mockery. The close 
relation between the Erie and the politics of the State will 
appear as the story unfolds. 

Up to the time of the transformation of the New York 
and Erie into the Erie Railroad, the former had expended 
$35,320,907 in construction and equipment.^ At the 
period we treat in this chapter, the outlay had increased 
to $50,000,000, the trackage had expanded into 773 

' Mott, Between the Ocean and the Lakes; the Story of the Erie 
(New York, 1899), p. 136. 
New York and Erie, 

Its capital stock in fund was $11,000,000 

Its bonded debt was 26,351,000 

Its existing floating debt, i860, was 2,725,620 

It had earned during the 19 years of its operative 

existence ' 51,098,106 

At a total operating expense of 32,346,029 

Leaving its net earnings for the 19 years 18,752,077 

And dividends had been paid to the amount of . . . . 3,481,405 
While interests on the bonds and drafts on the 

treasury had absorbed 15,270,672 

267] 267 



268 POLITICAL HISTORY OF NEW YORK STATE [268 

miles, while the annual revenue had grown to the huge sum 
of $16,500,000. This enterprise was one which appeared 
to present no mean opportunity for an unscrupulous man 
or men to use for purposes of self-aggrandizement. Much 
fairer would the name of Erie have appeared in times past 
had it escaped its designing friends.^ 

Chief among these we find at the period of our chapter 
two central figures, Daniel Drew and Cornelius Vanderbilt, 
with a third, Jay Gould, soon to out-top the former two. 
Daniel Drew, then in his seventy-first year, had been and 
w^as a man to be reckoned with in Wall Street. His first 
appearance in the board of directors of the Erie had taken 
place fifteen years previous.^ Drew had early turned his 
attention to the steamboat interest, where he had built up a 
fortune. In character he was a peculiar combination of 
good and evil, with the latter in predominance. He was 
superstitious, yet faithless ; illiterate, shrewd, unscrupulous, 
yet timid. 

Cornelius Vanderbilt, sometime ally and opponent of 
Drew, has a similar history. Vanderbilt was three years 
Drew's elder, and had origin also in humble circumstances. 
While Drew had driven cattle into New York City as a boy, 
Vanderbilt ferried passengers and merchandise between 
Staten Island and New York. Vanderbilt had built 
up a greater fortune than Drew in the steamboat in- 
dustry.^^ Both men were equally illiterate, unscrupulous 
and selfish. Their main point of difference, however, was 
one of temperament. Drew w^as sombre, while Vanderbilt 
w^as buoyant, hence an explanation of the former's bearish 

^ Cf., Ellis Paxson Oberholtzer. Jay Cooke — Financier of the Civil 

War (Philadelphia, 1907), vol. ii, p. i et seq. 
"Charles Francis Adams, Chapters of Erie (Boston, 1871), p. 5- 
^ See Life of Cornelius Vanderbilt — Parton. Famous Americans 

(Boston, 1867), pp. 375-90- 



269] WALL STREET AND THE LEGISLATURE 269 

tendencies and the letter's uniform operations as a bull in 
Wall Street. Time has given the two men their relative 
niche in history, undoubtedly Vanderbilt was the larger 
man. certainly in his conception of such an ultimate rail- 
road system as to-day binds a large portion of the conti- 
nent and honors his name.^ Drew had no other apparent 
conception than to use the Erie for the furtherance of his 
own personal ends. 

For our purpose the prelude to the war of 1868 began 
with the Erie raid of 1865. ■ The story may be told con- 
cisely. Erie was quoted on the market in the early part of 
1866 at 97. •■ The bete noir of the Erie, i. e., its floating 
debt was ever present. The Erie needed money. Drew 
most opportunely had money to lend it — upon security. He 
proposed to loan the company $3,480,000 for two years at 
seven per cent, on 28,000 shares of stock, or $3,000,000 
convertible bonds at sixty per cent as collateral.'* There 
was to be no margin of depreciation and the loan was pay- 
able as wanted at any time within four months. The com- 
pany could retain all dividends and pay off the loan or any 
portion of it on ten days' notice. The company accepted 
the offer. Drew, in addition, was equipped with 10,000 
shares of stock placed at his disposal, which the company 
had obtained through using the law which empowered any 
company to issue its own stock in exchange for another 
company's, the property of which was under lease to it.' 

' Adams, op. cit., pp. lo-ii. 

* There were two laws which gave Drew opportunity to execute his 
masterpiece in high finance. Vide Laws of New York, 1861, Ch. 119, 
pp. 213-15; Laws of New York. 1850. Ch. 140, pp. 211-35. 

3C/.. New York Herald. Jan. 7, 1866 — Erie. 96H ; Jan. 8. 1866 — 
Erie, 96^; Jan. 8. 1866— Erie, 96^; Jan. 4, 1866— Erie, 97; Jan. 3, 
1866— Erie, gjVi- 

* Senate Documents. 1868. vol. v, no. 67. Sched. h., pp. 32-3. 

* Mott, op. cit., p. 142. 



270 POLITICAL HISTORY OF NEW YORK STATE [270 

On January 6, 1866, the Buffalo, Bradford and Pittsburgh 
Railroad ^ had been leased to the Erie for a term of four 
hundred and ninety-nine years. This lease under the above 
law, placed at Drew's convenience stock capable of being 
transformed into Erie stock in time of need. 

The time was ripe for Drew's harvest. Cornelius Van- 
derbilt was endeavoring to obtain possession of the Erie 
through stock purchase and to cripple Drew by a strong 
bull movement in Wall Street. Drew aided in his rival's 
expected coup. He contracted heavily to deliver on a cer- 
tain day Erie stock at the existing quotation 97." The fact 
that Drew appeared short of Erie, in conjunction with Van- 
derbilt's bull movement, made Erie buoyant. Speculation was 
rife. The leading cjuestion was, where would Drew obtain 
his stock to fulfil his contracts. On the appointed day his 
source of supply suddenly appeared. Drew simply trans- 
formed into an equivalent amount of capital stock the $3,- 
000,000 issue of convertible Erie bonds, and fifty-eight 
thousand shares of stock were suddenly thrown on Wall 
Street. The bulls were caught ; before they could rally, the 
market price had fallen to fifty. ^ Cornelius Vanderbilt was 
the chief loser in this legerdemain — a fact that Drew was 
forced to recall thereafter. This transaction, no more nor 
less creditable than the usual Wall Street gamble with 
loaded dice, was looked upon at that time as one of the 
great successes in the history of the Stock Exchange. 

In 1867, after rejuvenating the Harlem, Vanderbilt 
added to his possessions those roads which now constitute 
the New York Central system. Still nursing the wound 
received from Drew the year previous. Vanderbilt turned 

* Vide testimony of J. C. Bancroft Davis, Senate Documents, 1868, 
vol. V, no. 67, pp. 68-81 ; also vide lease of the Buffalo, Bradford and 
Pittsburgh Railroad, Ibid., Sched. B., pp. 34-40. 

' Mott, op. cit., p. T41. * Adams, op. cit., p. 7. 



271] WALL STREET AND THE LEGISLATURE 271 

his eyes toward the Erie. Through the aid of the Boston 
interests, who were exploiting the Boston, Hartford and 
Erie, Vanderbilt was enabled to obtain the election of John 
S. Eldridge, as president of the Erie, the election of Frank 
W^ork, a protege of Vanderbilt's, to a seat in the board, and 
the defeat of Daniel Drew as director/ 

.Vt the election in which Drew suffered defeat, two new 
figures were added to the board. Jay Gould and James 
Fisk. Jr., both practically unknown outside of Wall Street.^ 
However, they were not destined to remain long in ob- 
livion. Jay Gould, also, came from low surroundings. 
Born a poor boy and early left an orphan in the western 
part of New York State, he became a clerk in a country 
store, learned bookkeeping meanwhile, became a surveyor 
in a survey of his county, bought out the map firm, then 
wrote a history of the county to go with the map, by selling 
which he made his first $1,000, all before he was twenty-one 
years of age. At this time a man with a tannery in Penn- 
sylvania took Gould into partnership. Gould knew nothing 
about the business at the start but in three years had bought 
out his partner. His first acquaintance with New York 
was made through his visits to the City in order to deal with 
the wholesale buyers direct, thus avoiding the middleman's 
profits. He soon saw that there were more ways to accu- 
mulate money in New York City, than in the tanning busi- 
ness.^ " Jim " Fisk, as he was called, was a shrewd oper- 

' Senate Documents, 1868, vol. v, no. 67, pp. 42-3; New York Herald. 
Oct. 9, 10, 1867. One Underwood, a Vanderbilt supporter in the 
directory, resigned immediately and Drew's election to the vacancy 
was followed by his appointment to his old post as treasurer. This 
move caused great wonderment and uneasiness. 

* See papers at elections Oct. 8, 1867: New York Times, Oct. 10, 
1867: New York Herald, Oct. 10, 1867. 

* James Parton, Men of Progress (Cincinnati, 1670), passim. 
Stephen Fiske, Off -Hand Portraits of Prominent New Yorkers (New 
York, 1884), pp. 151-3. 



272 POLITICAL HISTORY OF NEW YORK STATE [272 

ator on the Street, though not of Gould's calibre. He was 
a hon vivant, indulging in all forms of excess/ 

An interlude in open hostilities occurred, which lasted 
for nearly half a year. However, Vanderbilt was but gath- 
ering strength to renew his attack on the Erie strongholds. 
Vanderbilt reopened hostilities on February 17, 1868.^ Mr. 
Frank Work, the sole remaining director under the Van- 
derbilt influence, applied through his attorneys. Rapallo and 
Spencer, for an injunction before Judge Barnard, of the 
New York Supreme Court."^ This injunction was to re- 
strain the board of directors of the Erie from paying the 
principal or interest on the money borrowed from Drew as 
treasurer in 1866. Drew was restrained from bringing 
any action to compel settlement and the company likewise 
from releasing him from any of his obligations. A tem- 
porar}^ injunction, as customary, was granted, with a 
further hearing assigned for February 21st.* Vanderbilt's 
apparent motives for this move were, first to annoy Drew, 
and second, to act as a cover for his own designs in Erie.^ 
Without waiting for the 21st, Vanderbilt made another as- 
sault upon the Erie. Through Attorney-General Marshall 
B. Champlain, he petitioned before Judge Barnard ^ for 

• Carl Hovey. The Life Story of J. Pierpont Morgan ( New York, 
191 1 ). pp. 53-4. 

' Vanderbilt's ire was aroused by Drew's infringement on a cher- 
ished plan of Vanderbilt's, through an agreement with the Michigan 
Southern and Northern Indiana Railroad Company giving Drew a 
broad gauge line to Chicago. See New York Times. Mar. 11, 1867: 
New York 5mm, Mar. 11, 1867. 

• New York Herald, Feb. 18, 1867. 

• Ibid.. Feb. 22. 1867. 

• Mott, Story of Erie, 148. 

• The feasibility of Judge Barnard, as a potent ally had been early 
recognized by the various railroad interests, as well as by Tweed and 
Company. 



-7^] ^y^LL STREET .IND THE LEGISLATURE 273 

Daniel Drew's removal from the office of treasurer. The 
alleged cause for the removal was that Mr. Drew and his 
associates had possessed themselves of a worthless road/ 
in which they were the chief stockholders, then had pro- 
cured the issue of a large amount of Erie stock, which they 
had exchanged for the stock of the subsidiary road. 

Justice Barnard temporarily suspended Drew from his 
position as treasurer and director and ordered him to show 
cause why the prayer of the petitioner should not be 
granted on the 21st. On March 3rd, Justice Barnard issued 
an injunction which restrained the defendants from the 
issue of any new capital stock other than the 241,058 shares 
previously appearing in the company's reports, or any 
further conversion of bonds into stock, or the guaranteeing 
of any connecting road.' Further, Drew was ordered to 
restore to the Erie company the 58,000 shares of stock 
which he had received in May, 1866, and the 10,000 shares 
acquired in exchange for the Buffalo, Bradford and Pitts- 
burgh bonds. ^ 

To the initiated it appeared that the leader of the bears 
had been bound hand and foot. If the law had any value, 
how could it be otherwise? But, injunctions had little ap- 
parent effect on Daniel Drew. He continued short ^ in Erie 
in the face of a rising market. Converting $5,000,000 of 
bonds into Erie stock he flooded the Street. One hundred 
thousand shares of Erie were absorbed in less than two 

' The Buffalo, Bradford and Pittsburg Railroad. 
» New York Herald, Mar. 4. 5. 1867. 

* Mott, op. cit., p. 149. Cf. William Swinton, How the Ring ran 
Pacific Mail: a story of IV all Street (New York, 1867), passim. 

* In stock exchange parlance an operator is short when he has sold 
that of which he is not possessed. He gambles on a fall. 



274 POLITICAL HISTORY OF NEW YORK STATE [274 

weeks, for which $7,000,000 was paid.^ This, in addition 
to the 58,000 shares which Drew issued in 1866, were 
chiefly absorbed by the Vanderbilt interests. The demorali- 
zation caused the Stock Exchange to take action against 
the Erie. It was ordered that no certificates of Erie stock 
dated after March 7th should be honored. This order pro- 
duced an effect in striking contrast to the mandates of the 
court. 

March loth, the day set for the return of the writ was 
the day expected for a comer. But Drew surprised his 
antagonists before that. Drew knew the advantage to him- 
self of the co-ordinate jurisdiction of the thirty-three 
judges of the Supreme Court. An order was obtained by 
his counsel from Justice Ransom Balcom, of Binghamton, 
which suspended Frank Work from the Erie directory, on 
the allegation that his acts were injurious to the company." 
All parties to the proceedings previously instituted were 
ordered to appear before Justice Balcom at Cortlandville, 
N. Y., on March 7th. All other proceedings were ordered 
to be staid.^ When this order became known, another com- 
plication arose in the legal tangle. The Vanderbilt inter- 
est immediately instituted a new suit before Justice George 
G^ Barnard, of the Supreme Court in New York City, in 
the name of Richard Schell.* An order was issued which 
enjoined the Erie directors from meeting or transacting 
business unless Director Work was present with unre- 
stricted powers. 

The battle was now approaching the crisis. Commodore 
Vanderbilt had a consuming desire for Erie stock, and 

' New York Sun, Mar. 6-19, 1868; New York Times, Mar. 8-20, 1868. 

* New York Herald, Mar. 6, 1868. 

* Adams, Chapters of Erie, p. 23. New York Herald, Mar. 6, 1868. 

* Adams, op. cit., p. 25. 



275] WALL STREET AND THE LEGISLATURE 275 

Daniel Drew most charitably decided to satisfy his craving. 
At a previous meeting of the board of directors held Feb- 
ruary 19, 1868, an optimistic account of the road's condi- 
tion had been issued by the general superintendent and 
made public/ On the adjournment of this meeting, the 
executive committee ^ had met, with the result that it was 
voted to issue $10,000,000 worth of convertible bonds. 
Five millions were immediately placed on the market ; ^ the 
executive committee having resolved to sell these bonds at 
not less than 725^. As the company could not issue stock 
outright at less than par, and as its bonds bore interest, 
hence were useless for Street operation, the issue of con- 
vertible bonds was Drew's sole resource. In a few minutes 
from the adjournment of the executive committee, Mr. 
Daniel Drew's broker, having been guaranteed against loss, 
had purchased the issue of $5,000,000 and had housed 
50,000 shares in his safe, to be used at Drew's bidding. 
These were distributed on February 29th to various of 
Drew's brokers. AVhen the Barnard injunction spoken of 
was issued three days later, with the consequent rise in Erie 
stock, the other $5,000,000 were suddenly launched upon 
the unsuspecting market.* 

Before these bonds had been converted, Barnard's in- 
junction was served upon the chief operators of the Erie. 
Service was returnable on March loth. However, the Erie 

^New York Herald, Mar. 5, 1868. 

2 At this meeting the board had clothed the executive committee 
with full power for the welfare of the road to issue new stock, which 
was done in all to the extent of 450,000 shares. The wording was 
vague. Senate Documents, 1868, vol. v, no. 67, pp. 75-6. 

•'' Senate Documents, 1868, vol. v, no. 67, pp. 75-6. The executive 
committee had met in two sessions, one at noon, the other later in the 
afternoon. It was between these sessions that the $5,000,000 of con- 
vertible bonds were sold to David Groesbeck & Co. 

* New York Herald, Mar. i, 1868. 



276 POLITICAL HISTORY OF NEW YORK STATE [276 

chieftains decided to break the threatened " corner " on the 
9th. Saturday night, of the 7th, Mr. Groesbeck, one of 
Drew's companions-at-arms, secured a tool to act as pro- 
ducer of the bonds and took him to the home of the Erie 
counsel, where the various impedimenta ' were being pre- 
pared for the bewilderment of Vanderbilt. A contract of 
sale for the bonds was agreed upon and drawn up, which 
transferred the bonds to the nominal purchaser, who gave 
Drew power of attorney to dispose of the bonds as he saw 
fit. through a promissory note for the purchase money. At 
the close of the deal, a demand was made for the conver- 
sion of the bonds into stocks by the Erie, as per contract, 
which of course was refused. The purchaser then made 
affidavit to the effect that demand had been made for the 
stock and refused. This affidavit had been previously pre- 
pared for the proper signatures. The intention at the base 
of this act was to seek a proper justice and obtain a writ 
of mandamus to compel the Erie to convert its bonds into 
stock. The evening's work was then ended, all papers were 
ready, the bonds had been arranged for, and the certificates 
of stock signed in blank, were ready for delivery.' The 
mine was prepared. 

The Monday following found the drama rapidly advanc- 
ing. Jim Fisk seized from a messenger and made off with 
the 50,000 shares of stock, which Treasurer Drew had 
agreed to sell to the Messrs. Fisk and Gould at eighty, but 
which the secretary had been enjoined from issuing. These 

1 Affidavits. New prayers for Writs and Injunctions. The vice- 
president was signing certificates of stock in the event that a modi- 
fication of the injunction should be obtained. 

* Senate Documents, 1868, vol. v. No. 67, pp. 87-8. Vice-President 
Alexander L. Diven spent Saturday night, even breaking the Sabbath, 
in signing certificates of stock at his home. Be that is it may, he 
disclaimed knowledge that they were to be used for the issue of new 
.stock. 



277] ^ALL STREET AND THE LEGISLATURE jyy 

certificates next received the light of day in Wall Street. 
Meanwhile it was thought advisable on the part of the Erie 
co-ad jutors to further attempt the encloakment of their 
enterprise under the robes of the law. After an unsuccess- 
ful attempt to obtain a writ of mandamus from Judge Gil- 
bert of the Second Judicial District, the Erie counsel were 
successful in obtaining from the same judge an injunction 
in the name of Mr. Belden, Fisk's partner.^ The petition 
set forth the claim that Justice George G. Barnard in con- 
junction with certain others had entered into a conspiracy 
to use the courts to aid in their speculation in Erie stocks. 
Apparently, Judge Gilbert, who was an eminently respected 
jurist, was able to believe anything of his Manhattan col- 
league. His injunction restrained all parties, to suits then 
pending, from further action in any direction. This 
brought the matter from a legal viewpoint to a complete 
stop. To move, or not to move, in either case violated the 
injunction of one or the other court. The strategic situa- 
tion could not have been more favorably conceived to suit 
Daniel Drew. 

Fifty thousand shares of Erie stock were hurled into the 
market, before a new injunction could be obtained from 
Justice Barnard. The Vanderbilt agents unsuspectingly 
purchased these with avidity, the price rising from eighty 
to eighty-three. When the truth became known on the ap- 
pearance of fresh certificates, the price suddenly dropped 
to seventy-one.^ At the close of the market for the day 
the Erie quotations read seventy-eight. Drew had won 
the battle, for it was evident that the Vanderbilt corner had 
failed. The question was, would Vanderbilt be able to sus- 

' New York Herald, Mar. 12, 1868. 

* Adams, op. cit., p. 29; New York Times. Mar. n, 1868: New York 
Sun. Mar. 11, 1868. 



278 POLITICAL HISTORY OF NEW YORK STATE [278 

tain his loss. This he did, thus preventing a financial panic 
which would have carried him with it. The irony of the 
situation must have presented itself to Vanderbilt. Instead 
of crushing his opponent, the latter retired to New Jersey 
on the next day supplied with seven million dollars of Van- 
derbilt's currency.^ The retreat to Jersey City was precipi- 
tated on the morning of the nth by advance intelligence 
that orders for arrest had been issued against Erie directors, 
that their only safety lay in flight. A headlong dash for 
the Jersey City ferry ensued, bales of money and valuable 
papers were hurriedly seized and deported. Some waited 
until nightfall to cross in rowboats. In all only two di- 
rectors were apprehended, and business was continued by 
a majority of the executive committee at the Erie station 
in Jersey City.^ 

The litigation begun in the New York courts was prolific 
with bizarre entanglements until both sides agreed to an in- 
junction of universal application. Judge Gilbert soon 
passed out of the fray. He refused to renew his injunc- 
tion, which had done its work." However, Judge Barnard 
exercised his prerogatives to the last. On one occasion he 
sent all the papers which related to the conspiracy alleged 
in the Gilbert document, to the grand jury, which refused 
to admit jurisdiction in such a matter. Again, he attempted 
to clean himself of taint by a series of counter-affidavits. 

* Adams, op. cit., p. 31; New York Times, Mar. 11. 12, 1868; New 
York Sun, Mar. 11, 12, 1868. 

' The dingy hotel near the Erie Station where the exiles made their 
headquarters, was dubbed " Fort Taylor." New York Herald, Mar. 
15, 16, 18, 19, 1868; New York Times, Mar. 16, 17. 1868; New York 
Sun, Mar. 16, 20, 1868. Vanderbilt emerged from his stringent situ- 
ation without apparent trouble. His calm assurance saved a panic. 
Drew's direct profit was $80,000, incidentally it was a matter of 
conjecture. 

« New York Herald, Mar. 19, 1868. 



279 J iV^-iJ-I' STREET AND THE LEGISLATURE 279 

He was impugned of gross venality in open court.' The 
tale of Mr. Justice Barnard's interpretation of the char- 
acter of a Supreme Court judge is too long. Suffice to 
say that the strange storm of injunctions and counter-in- 
junctions had for an object, first, the appointment of a re- 
ceiver to handle the proceeds of the 100,000 shares of stock 
which had been issued in violation of an injunction; sec- 
ond, the pursuit of the processes against the Erie directors 
for contempt of court. ^ In connection with the receiver- 
ship there was nothing to receive, as the money in question 
was all safely over in New Jersey. However, after the 
resignation of Mr. Osgood, Vanderbilt's son-in-law, Peter 
B. Sweeny, of Tweed ring fame, was appointed to the 
vacancy. He was allowed $150,000 by Justice Barnard as 
compensation for his loss of opportunity to raid the Erie 
treasury. The writ of Justice Barnard was arranged in 
the settlement of the matter between the litigants, to the 
extent that the cases wherein contempt had been committed 
received the nominal fine of ten dollars. 

At this point in the story of the " Erie Railroad War " 
the setting was changed from Wall Street and the courts to 
the legislature. If we are to judge from various newspaper 
comments, the writings of special investigators and the 
legislative records, it may be safely said that the New York 
legislature, at that time, was corrupt. Whether more or 
less corrupt than at other times, we may not say. Results 
would justify the statement that from 1865 to 1870, the 
New York legislature was the plaything of the " Rings ". 

The New York legislature now aroused itself and took 
cognizance of the " Erie War ", which was being waged 

' New York Times, Mar. 24, 1868. Accusation by Mr. James Brady 
et al. 

* Mott, The Story of Erie, p. 151 ; New York Herald, Mar. 24; Apr. 
9. 20, 21, 24, 1868. 



28o POLITICAL HISTORY OF NEW YORK STATE [280 

without and within its gates. On March 5th, Senator 
James F. Pierce, of the second district, introduced in the 
senate a preamble and resolution which called for the ap- 
pointment of three senators to investigate the " Grave 
charges . . . made in the newspapers and before the Su- 
preme Court, in reference to the management of the Erie 
Railway Company." ^ Senator Henry W. Genet, of New 
York, through doubtless laudable motives, amended the 
former motion so that it directed the committee to report 
the result of their investigations within twenty days.' The 
committee vuas increased to five on the following day on 
motion of Senator Abner C. Mattoon. of the twenty-hrst 
district, who received an appointment." 

The committee held four meetings in all, one in New 
York and the others at Albany.* The witnesses who testi- 
fied were Horatio N. Otis,'"' secretary of the Erie; J. C. 
Bancroft Davis, of the Erie directory ; David Groesbeck, 
Drev^'s broker; Gen. A. S. Diven, vice-president of the 
Erie; Henry R. Pierson, of the directory; William G. Ed- 
wards, cashier of Bloodgood & Co., of Wall Street; James 
M. Cross, a contractor of Newark, N. J. ; and William R. 

' New York Times, March 6, 1868; New York Sun, March 6, 1868. 

» New York Herald. Mar. 6, 1868. 

' Mr. Mattoon had his son appointed as a sergeant-at-arms to the 
same committee. The following item appears in the supply bill for 
r868. " For J. H. Mattoon, for services and expenses as clerk and as- 
sistant sergeant-at-arms of the Committee of the Senate appointed 
to investigate the affairs of the Erie Railway Company, one hundred 
dollars." (Laws of New York, 1868, C. 717, p. 1586.) The members 
of the committee were as follows : James F. Pierce, of the second 
district; Abner C. Mattoon. of the twenty-first district; Orlo W. 
Chapman, of the twenty- fourth district; Wolcott J. TTumphrey. of 
the thirtieth district. 

* 62 Broadway, N. Y., March loth ; and at the Delevan House, 
Albany. March i;?, 19 and 24. 

* Senate Documents. 1868. vol. v. no. 67, passim. 



28 ij H'ALL STREET AND THE LEGISLATURE 281 

Bradford, of the iirm of Fisk, Belden & Co. A number of 
other witnesses were subpoenaed, but were not to be located 
by the sergeant-at-arms of the senate. Among these were 
Daniel Drew, John S. Eldridge, president of the Erie; Jay- 
Gould, Jim Fisk. and Homer Ramsdell. Incorporated in 
the testimony were copies of the minutes of the board of 
directors in relation to the matter at hand: copies of the 
various contracts with Drew,^ the lease of the Buffalo, 
Bradford and Pittsburgh Railroad, the proceedings which 
led up to the agreement between the Erie and the Boston, 
Hartford and Erie Company, to guarantee the bonds of the 
latter; and the statement made by President Eldridge in 
justification of the matter that had led to the investigation. 
The testimony of J. C. Bancroft Davis was the leading evi- 
dence adduced by the committee concerning the conduct of 
Erie finances. The only evidence offered by the Erie di- 
rectory was a printed statement verified by J. C. Bancroft 
Davis. 

As a result of the committee's labor, two reports were sub- 
mitted to the senate on x\pril ist. a majority report,' signed 
by Senators Pierce, Bradley and Mattoon, which scored the 
existing Erie management, and a minority report,^ signed 
by Senators Chapman and Humphrey, which sustained the 
Erie officials. The report, signed April ist, was turned in 
favor of the Vanderbilt interests by the deciding vote of 
Senator Mattoon. This worthy Solon gave an excellent 
though disgusting example of a legislator for sale. It is 
difficult to explain away statements of the following char- 
acter, as sworn to by Daniel Drew before the senate com- 
mittee of investigation. 

O. " Was anything said in the conversation, between him 

' Senate Documents. 1868. vol. v. No. 67, p. 34 et seq. 

* Ibid., pp. 1-7. * Ibid., pp. 8-13. 



282 POLITICAL HISTORY OF NEW YORK STATE [282 

and you, in regard to the payment of any money, or offer of 
money, on either side, to procure the passage of a bill in the 
interest of the Erie Railway Company ?" 

A. (By Drew) " I think that Mattoon made use of this lan- 
guage to me at one time, that he, or no man, could go there 
[Albany] and live on what their pay was. I said to him: ' I 
don't know ; I have nothing to do with this matter at all, in 
any way or shape, and will not have.' He intimated as if he 
would take money if it were offered to him." ^ 

Senator Mattoon's frequent secret visits to interview 
members of both factions before the committee made its 
final report, if not to be so interpreted, certainly were sug- 
gestive.^ He had given his formal assent on March 31st 
to a measure proposed by two of the committee which 
largely exonerated the Drew faction." The other two 

' Senate Documents, 1869, vol. v, no. 52, p. 109. 

* Ibid., pp. 10, 45-52. 

3 The majority report, after a summary of the facts brought forth, 
gave a scathing rebuke to " Mr. Drevir and his confederates. — But the 
want of legal authority is the least objectionable feature of these 
transactions. — These men occupied positions of trust and confidence ; 
they had entrusted to their care and management immense pecuniary 
interests, and a property valued at nearly one hundred millions of 
dollars. By every principle of law, by every dictate of honor and good 
morals, they were bound to exercise their best skill and judgment — 
especially were they under the most sacred obligations to be faithful 
and honest in the discharge of their duties." — Senate Documents, 1868, 
vol. V, no. 67, pp. 1-7, 7-13. 

In sharp contrast with the above, the minority report, which would 
have been the majority report but for the accident of Senator Mat- 
toon's change of sides at the eleventh hour, declared that the charges 
against the Erie Directory had not been proved. " Even though the 
undersigned might not interpret the law as going to the extent claimed 
by the Erie Directors, they can readily see that, under previous con- 
structions of that law, — especially after legal advice to that effect, 
the directors might well have believed, — that they had a right to pass 
such a resolution, and that as a board of directors, they are not 
chargeable in the passage of that resolution with a wilful violation 



283] IVALL STREET AND THE LEGISLATURE 283 

members of the committee read to him on the same day 
their report in favor of the Central. Thus Mattoon held 
the key to the situation. Whether he was " seen " by both 
sides is a matter of uncertainty. However, it is of record 
that on March 30th, on his visit to the Erie exiles at Jersey 
City, he told them that " the majority [of the committee] 
had found the thing was right." ^ While there is no record 
of Mattoon's visiting the other side later, the thought does 
not seem improbable in spite of his sworn denials,^ for the 
day following his visit to Jersey City he signed the measure 
which favored Vanderbilt.^ This sudden change was popu- 
larly believed to have been caused by more potent encour- 
agement from the Vanderbilt side. In his testimony before 
the committee of investigation, Jay Gould evidently spoke 
the truth when he said, " I was perfectly astounded when I 
heard he had signed the other " [report].* The New York 
Tribune made a bold charge that $20,000 had been stipu- 
lated for the change.^ 

Parallel with the course of the investigation committee, 
a bill had been introduced into the assembly which legalized 
the recent issue of new stock on the part of the Erie, regu- 
lated the power of issuing convertible bonds, and provided 
for a standard-gauge connection with Chicago. It also 

of the law, if in fact there was a violation, a point upon which your 
committee think there may well be an honest difference of opinion. 
And the undersigned believe that had it not been that outside parties 
were interested in obtaining control of the said Erie Railway Com- 
pany, no question would ever have been made over the right to pass 
such a resolution, or issue the convertible bonds in accordance there- 
with." 
' Senate Documents, 1869, vol. v, no. 52, p. 31. ' Ibid., pp. 45-52- 

* It is said that he could not keep faith, even with his " pals ", the 
gamblers. He told them to throw for Drew. 

* Senate Documents, 1869, op. cit., p. 2>i 
'^ See New York Tribune. April i, 1868. 



284 POLITICAL HISTORY OF NEW YORK STATE [284 

guaranteed the bonds of the Boston, Hartford and Erie, 
and forbade the consolidation of the Vanderbilt and Erie 
systems.^ This bill was decisively defeated by a vote of 
eighty-three to thirty-two ^ on March 27th. When the 
news of this adverse decision reached Jersey City, it was at 
once decided that their interests demanded the presence of a 
principal at Albany. Senator Mattoon had suggested that 
he " thought it was an act of justice to the committee that 
some representative of the road should come up here [Al- 
bany] and explain away these prejudices " ^ [against the 
Erie bill]. It was decided to send Jay Gould. The Erie 
people later claimed that an agreement had been made be- 
tween Mr. Field and Sheriff James O'Brien that Gould 
should be present on April 4th, the day on which an attach- 
ment issued by Justice Barnard on March 30th against 
Gould was returnable.* Gould was not to be interfered 
with by the law before that time. 

It was given out that Gould had gone West in the inter- 
ests of the eighty-seven miles of standard-gauge connection 
of the Erie with the Michigan Southern and Northern In- 
diana Railroad Company. Gould arrived at Albany on 
Monday, March 30th, and was arrested in his room shortly 
after one o'clock Tuesday morning.^ He at once tele- 
graphed word of his predicament to his counsel, David 
Dudley Field.** Sheriff James O'Brien immediately took 

* New York Herald, Mar. 14, 1868. Introduced by Mr. Bristol. 

* New York Times, Mar. 28, 1868. 

* Senate Documents, 1869, op. cit., p. 31. 

* Mott, op. cit., p. 152. * New York Sun. .-Xpril i, 1868. 

* Mott, The Story of the Erie, p. 152. 

Albany, March 31, 1868. 
David Dudley Field, New York: 

I am just arrested by the Sheriff, returnable Saturday. This is in 
violation of your agreement with the Sheriff. Bail $500,000.00. Jay 
Gould. —New York Sun. April i, 1868. 



285] I'V ALL STREET AND THE LEGISLATURE 285 

Gould to New York where he was arraigned on .Vpril 4th 
before Justice Barnard. Gould's counsel, including ex- 
Judge Pierrepont and James T. Brady, mollified the wrath 
of Justice Barnard and Vanderbilt's counsel. An adjourn- 
ment was ordered until April 8th with an additional bail 
bond required for security. The sherifif was immediately 
supplied with a writ of habeas corpus to produce Gould 
before Judge Barrett of the Court of Common Pleas. 
There Judge Barrett transferred Gould to the custody of a 
special officer of his court, one James A. Oliver, who was to 
hold him until the day set for the adjourned hearing before 
Ju.stice Barnard. The proceedings in the habeas corpus 
case were put over until the morning of April 7th.^ Gould 
immediately found that certain interests required his pres- 
ence at Albany. The officer, who had been specifically in- 
structed by the court never to let Gould out of his sight, 
was easily persuaded to accompany the latter to Albany. 
On the train Gould became suddenly sick and kept getting 
worse until his arrival at Albany, where he called medical 
attention.^ Although Gould had been able to attend to his 
business duties at the capitol, he was much too ill to think 
of returning to New York, when that was suggested by his 
guard, in order to appear before Judge Barrett on April 
loth.' 

On the advice of his counsel. Gould locked himself in his 
room, refusing to see Oliver, his guard, who perforce, had 

' Mott. op. cit., p. 154. New York Herald, April 9, 10, 1868. 

' The physician called was Dr. Julian T. Williams, a former member 
of the Assemblj' from Chautauqua County. Doubtless, one who could 
be trusted to diagnose and properly prescribe for a virulent case of 
un mal de la politique. 

* Judge Barrett had put the hearing over another three days, on 
hearing from Oliver by telegraph, that Gould was ill in bed. This was 
the first intimation that the judge had that Gould was out of his 
jurisdiction. 



286 POLITICAL HISTORY OF NEW YORK STATE [286 

to return emptyhanded to New York. Judge Barrett, in 
great anger, ordered Mr. Gould and Hamilton Harris, the 
former's counsel, to appear before him on the 14th. Pro- 
ceedings on that date found no Jay Gould present, but an 
affidavit which denied Oliver's declarations and which in- 
sisted that the former's state of health did not permit/ 
The court then postponed action in Gould's case until April 
1 8th. 

An incident occurred at this time which threatened to dis- 
turb the conscience and injure the good name of the legis- 
lature. On April ist, just after the ratification of the rail- 
road committee's report adverse to the bill which legalized 
the acts of the directors of the Erie Railroad Company, a 
quiet, white-haired gentleman arose in his seat in the as- 
sembly, and to the intense astonishment of all offered the 
following charges : " that the report of the Erie Railroad 
bill was bought " ; " that a portion of the vote on this floor, 
in adopting the said report, was bought " ; and " that the 
members of this house were engaged in buying their fellow 
members ".^ This gentleman, who had arisen to a question 
of privilege, was Assemblyman Elijah M. K. Glenn, of 
Wayne County. These charges were supplemented with 
affidavits. In order to quash all further reflections upon 
the legislature's purity, upon motion of Mr. Glenn, the 
speaker immediately appointed a committee of five to probe 
the matter.^ The press of the State, which had been hurl- 

* Gould agreed that he locked Oliver from his room to prevent the 
latter's learning of the Erie movements which, Gould claimed, it was 
his practice to narrate to Senators William M. Tweed and Thomas J. 
Creamer, of the opposing side. Cf. New York Herald, April 15, 1868; 
New York Times, April 15, 1868. 

» New York Herald, April 2, 1868; New York Sun, April 2, 1868. 

* Those appointed were: Augustus G. S. Allis, of Onondaga County; 
James R. Button, of Cattaraugus County; James D. Lasher, of 
Oswego County; Lewis P. Dayton, of Erie County, and Alexander 
Frear, of New York County. 



287] IVALL STREET AND THE LEGISLATURE 287 

ing charges of gross venality in connection with the Erie 
measures, now stood solicitiously by to aid in its sad duty. 
Mr. Glenn obtained a leave of absence for a week. He 
returned on April 9th, and, still further, startled his col- 
leagues by fonnally charging that Assemblyman Alexander 
Frear ^ had been the person who attempted to influence him, 
with $500, on March 27th, for his vote on the Erie matter. 
Mr. Glenn demanded that Mr. Frear be relieved from ser- 
vice on the committee.^ Mr. Frear at once offered his resig- 
nation as one of the committee, with a great show of in- 
jured dignity and demanded an investigation.^ The matter 
was placed in the charge of the committee itself to inves- 
tigate before any action on the resignation should be taken. 

The action of the committee was immediate. It met on 
Thursday morning, April 9th, to receive the evidence of 
Mr. Glenn, and again, on the afternoon of the same day. 
At the second session, Mr. Glenn failed to appear in answer 
to the subpoena, stating that he was ill, and, that he had 
given at the morning session all the facts within his knowl- 
edge.* The others examined at the second session were 
Mark M. Lewis, of Albany, who by vocation was an op- 
tician, by avocation, a lobbyist; Alexander Frear, assem- 
blyman from New York City; Henry Ray, assemblyman 
from Ontario County; Luke Ranney, assemblyman from 
Onondaga County, and Augustus A. Brush, assemblyman 
from Dutchess County. 

The testimony of Mr. Glenn proved to be ineffective and 
weak in places. He swore that on the morning of March 
27th, while conversing with Hon. Charles H. Weed, of 

' A New York City broker. New York Herald, April 10, 1868. 

* Assembly Doaiments, 1868, vol. x. no. 14S, p. i. 

* Cf., Papers. 

* Assembly Documents, 1868, vol. x, no. 145, p- I7- Testimony of 
Mr. Gleason who explained Glenn's absence to Mr. AUis, the chairman. 



288 POLITICAL HLSTORY OF NEW YORK STATE [28S 

Cayuga, and lion. Henry Ray, of Ontario, they had vol- 
unteered the statement that " there was money atioat ". 
Glenn replied, "Is it possible, how did you find out?" 
" Why," said one of them, "it is easy enough to find out. 
Go in the cloakroom, you can find out. I've seen you talk- 
ing to the man." " I went out and fell into conversation 
with him [Lewis J about spectacles, and about his business, 
and led him on." ^ It appeared that Mr. Lewis said nothing 
to Glenn in regard to money. Thereupon Mr. Glenn re- 
turned to the assembly chamber and reported the result to 
Mr. Ray, who shortly notified the former that Lewis was 
ready to talk with him. Mr. Glenn llien said: 

1 went out again, and just as 1 swung the door square open 
and passed into the cloak room, Lewis took hold of my coat 
and hauled me to one side and said, ' I want to talk to you.' 
We got up close to the wall, and says he. ' I don't want you 
to be offended.' ' Oh, no,' said L ... He said the railroad 
report was to be against the Erie road, and, said he, . . . ' If 
you vote for it you shall have $500.' . . . ' If you will go 
back to your seat. Brush will come to see you.' ^ 

Mr. Glenn returned to his seat, but after a considerable 
wait he returned to the lobby and informed Mr. Lewis that 
Mr. Brush had not come to him. Lewis told him to go to 
Mr. Frear, to which Mr. Glenn retorted, " I ain't going to 
any man." Thereupon, Lewis sent in for Mr. Frear, who 
came out presently and said to Mr. Glenn, " What this man 
says," nodding his head to Lewis, " is all right; we want the 

^ Assembly Documents, 1868, op. cit., p. 5. 

2 Mr. Glenn stated in relation to Mr. Brush that " the moment 
1 tried to catch his eye, I saw there was guilt there. All winter 
long he had a clear, frank, open face, but the moment I would catch 
his eye he would dodge off from me." Assembly Documents, 1868, 
vol. X. no. 145, p. 6. 



289 J iVALL STREET AND THE LEGISLATURE 289 

Erie Railroad report adopted, and if you will vote for it, 
you shall have what this man says." ^ It appears that Mr. 
Frear's name was introduced in the matter for the first time 
at this juncture. The evidence further shows that Mr. 
Frear's presence in the lobby was requested several times 
before he left his seat.^ 

It is at this point that the testimony of Mr. Glenn ap- 
pears to contradict the sworn statements of Mr. Frear and 
Mr. Lewis. The former positively swore that Glenn asked 
him if he would obtain five hundred dollars in return for a 
vote sustaining the report of the committee. Mr. Frear, 
according to his statement, replied : " I told him no ; that I 
was very anxious to have the report of the committee sus- 
tained, and as far as I was concerned I did not think that 
this legislature could afiford to pass a bill of that kind, re- 
ferring to the Erie bill "." Mr. Glenn then began to state 
that he had had a talk with Mr. Lewis, whereupon Mr. 
Frear said that he left Glenn, saying, " Then go and talk 
with Mr. Lewis." * 

Mark M. Lewis, in his testimony, stated that he did not 
offer money to Mr. Glenn, that he had received no authority 
from any person or source, directly or indirectly, to offer 
to pay money to any person for his vote on the Erie bill.'' 
He claimed to have merely stated rumors which had come 
to his ears, namely, that the Erie side were offering five 
hundred dollars down and a like amount contingent; also, 
that the other side were offering five hundred dollars. In 
reply, Mr. Glenn was charged by Lewis with these words, 
"If there is anything in it, I want to get my share." 

' Assembly Docu»ients, op. cit., p. 6. - fbid.. p. 13. 

•'' Ibid., op. cit., p. 6 et seq. 

* Ibid., p. 14. 

* Ibid., p. 8 ct seq. 



2QO POLITICAL HISTORY OF NEW YORK STATE [290 

In their evidence, both Mr. Frear and Mr. Lewis .swore 
that they were not personally acquainted with each other, 
and that they had never held a conversation upon the Erie 
bill or any other matter.^ When asked how he had hap- 
pened to give Mr. Frear's name to Mr. Glenn. Lewis re- 
plied that he had given the names as they occurred to him. 
However, following that remark, Lewis admitted a weight- 
ier reason. It seems that Mr. Lewis was interested in se- 
curing favorable action upon the health bill of the town of 
Watervliet. In order to advance the interests of his own 
measure, Lewis sought to do Frear a favor. The fonner 
being aware that the latter was against the Erie measure, 
it occurred to him that Frear would consider it a favor for 
a member to vote against it. Mr. Lewis had inferred that 
Frear was against the Watervliet health bill, hence, he was 
desirous of placing himself in a position w^here he could 
possibly ask a return favor of Mr. Frear.' 

The evidence offered by Assemblymen Ray and Ranney 
tended to show that the sending of Mr. Glenn to the cloak 
room was a joke, which resulted from a jest at the break- 
fast table. Mr. Henry Ray and Mr. Luke Ranney boarded 
at the same house with Mr. Glenn. It appeared that at the 
breakfast table on the day on which Mr. Glenn claimed that 
the attempt at bribery was made, the three gentlemen above 
mentioned had laughed and joked over the buying of votes. 
Mr. Ray testified that Glenn had said that " he didn't know 
but what he would like to take a look at the elephant ",^ 
whereupon Ray replied, " If you want to find out w^hat 
there is of it, you can go and talk with the Dutchman " 
\Wv. Lewis]. Mr. Ray testified that "nothing serious was 
i^itciuled in this conversation." Tn reply to a direct ques- 

* Assembly Docitnienis. vol. x. no. 145, p. 8 et seq. 

* Ibid., p. 12. * Ibid., p. 15. 



291] ^VALL STREET AND THE LEGISLATURE 29 1 

tion whether he had received any money for his vote on the 
Erie bill, Mr. Ray gave an illuminating reply as to the legis- 
lature's sensitiveness on the question of bribery. 

No, sir; after the session of the House, on the 27th, myself, 
Mr. Glenn and others, both in the chamber and at the house, 
were laughing about this matter ; and Mr. Glenn said [as we 
understood in a joke] that he had lost $500 that day which 
he might have got . . . more than he had ever lost before in 
one day; we often joke about money being lost in that way.^ 

The evidence of Mr. Ranney was in point with that of 
Mr. Ray.^ Mr. Augustus Brush, whose name became in- 
volved in Glenn's testimony, denied having any knowledge 
of money being paid to anyone to influence the vote on the 
Erie matter. ' 

Tn face of the evidence taken there is little doubt that 
the commitee were justified in their recommendation "that 
Mr. Frear's request to be excused from serving on the in- 
vestigating committee be denied," and that the charges 
made by Mr. Glenn against Mr. Frear were unjustified. 
Did they not have the testimony of five men, whose word 
had never been impeached, against that of one, whose testi- 
mony was presented in an unconvincing form? Neverthe- 
less, it is difficult to reconcile the presence of Jay Gould ac- 
companied by his host of lobbyists at Albany, and his 
sworn statements of the amount of money he spent at Al- 
bany for various purposes to advance his bill, with an un- 
corrupted legislature. Mr. Glenn may or may not have 
purposely been made a tool to clear the legislature of stain ; 
Mr. Frear may have been spotless : yet the fact remains that 
the Erie and Vanderbilt interests were at Albany, supplied 
with large sums of money, both in deadly grapple over the 

* Assembly Documents. 1868, op. cit., p. 15. 

* Ibid., pp. 15-16. *Ibid., pp. 16-17. 



292 POLITICAL HISTORY OF NEW YORK STATE [292 

Erie measure; in the senate was William M. Tweed, who, 
as it has since been proven, was extending his corrupt 
power in the legislature and over all the State. In view of 
these facts, the question cannot fail to arise whether or 
not the legislature was corrupted in this particular case.' 
The only authoritative knowledge left us on which to base 
an opinion is the testimony of the committee to investigate 
Mr. Glenn's charges. This committee completely exoner- 
ated the legislature. We leave the question. 

Now that the legislature had been purged, few would 
dare to repeat Mr. Glenn's attempt, hence the season was 
ripe for Gould's bounteous generosity. The reports which 
circulated concerning the size of bribes which were dealt 
in through this legislative campaign were multifarious. 
The amounts involved were stated to range from $5,000 to 
$100,000.^ 

Although the situation since Gould's arrival at Albany 
appeared to favor the Erie, still the defeat of the assembly 
bill, and the fact that the senate committee had reported 
adversely, argued for the supremacy of Vanderbilt. A 
factor which no doubt tended to strengthen the Erie forces 
at this time was the awaking of public opinion to the danger 
of a consolidation of two great systems under the direc- 
tion of Vanderbilt. Be that as it may. the Vanderbilt influ- 
ence waned. A bill '' which legalized the acts of the Erie 

' Townsend, New York in Bondage (New York, 1901), pp. 8-17. Mr. 
Townsend in his chapter on the Erie War makes a special study of the 
relations between the Erie Railroad and the Tweed Ring. 

* New York Times, April 2, 14, 1868; New York Tribune, April i, 
1868; New York Herald, Mar. 10, 14, 1868; May i, 1868. 

' Cf., New York Sun, April 14, 1868. Adams, A Chapter of Erie, 
p. 54. To all intents and purposes it legalized the recent issue of 
bonds but penalized any other use of the proceeds of these bonds, than 
for the completion, furthering and operation of the road. The 



293] ^^ALL STREET AND THE LEGISLATURE 293 

directory was introduced in the senate on April 13th and 
passed after a close debate on the i8th/ Senator Mattoon, 
for unknown reasons, was found voting with the majority. 
The scene of battle now turned to the assembly. At first, 
the scent of the death struggle caused a great influx of 
political vultures, but they were doomed to go unsatisfied. 
Shortly the rumor gained credence that Vanderbilt had 
withdrawn. This proved true. The bill was passed by the 
assembly on April 20th by a vote of one hundred and one 
to six.^ To punish Vanderbilt for failing to continue the 
fight, thus stopping a source of profit, the disappointed 
members of the assembly passed several measures calcu- 
lated to injure him. Among these were a pro rata freight 
bill,^ and a through ticket bill, where there were competing 
lines.* 

The last stand was made in the executive chamber at Al- 
bany before the bill received the Governor's signature. 
There, on April 21st, the Vanderbilt counsel made their 
closing argument as to why the bill should be vetoed. How- 
ever, it availed them nought. Governor Fenton rewarded 
the Erie labors with his signature. The papers ^ were rife 
with charges that the Governor's signature had been bought. 

guarantee of bonds issued by connecting roads was legalized, all con- 
solidation or connection and the use of the same officers or directors, 
between the Erie and the Vanderbilt lines was forbidden. 

* 17 to 12. New York Sun, April 14, 1868; New York Herald, April 
19, 1868. 

* Mott, The Story of Erie, p. 154. The same bill had been defeated 
before 83 to 32. 

* New York Herald, April 19, 20. 1868. 

* New York Herald, April 21, 29, 1868 Also, an enabling act was 
passed April 21, 1868, for the West Side R. R. between New York and 
Albany to rival the Central. 

^ See papers. New York Herald, .April 21-30. 1868: New York 
Times, April 20-May 8. t868; New York Sun, April 21, 1868. 



294 I'OLITICAL HISTORY OF NEW YORK STATE [294 

Although papers of his own party named the sum sup- 
posedly paid, the evidence adduced by Senator Hale's in- 
vestigation committee does not bear this out.' 

While the angry clash of counsel in the courts lasted 
nearly to June, the defeat of the Vanderbilt faction in the 
legislature brought on an era of negotiation. The press 
all through the spring months provided the curious public 
with new notes on the science of high finance. So satiated 
did the public become that it grew indifferent to new dis- 
closures of scandal.' Early in .\pril. Drew afforded him- 
self the opportunity offered by Sabbath immunity from ar- 
rest, to cross the Hudson. Shortly peace conferences were 
arranged between Vanderbilt and Drew. The latter had 
become irritated and oppressed by the long drawn-out pub- 
licity of the Erie war. He had no sanctity of personal or 
private business, was distrusted by his associates, and was 
fain to return to the comforts of his home. Vanderbilt, 
on the other hand, appreciated the fact that public senti- 
ment against him was too strong to be downed. Hence, the 
settlement which ended the Erie war may not appear so 
strange. 

On April 25th, the Erie forces evacuated their strong- 
hold in Jersey City. This was not done until a satisfactory 
peace had been arranged, subsequent to the frequent 
stealthy, then open, visits of Mr. Drew to Wall Street. The 
inside facts of the settlement have never come to light. 
When the Albany matters had received final settlement, the 
plan of compromise, which was the result of the secret con- 
ferences between Vanderbilt and Drew, had been outlined. 
The four parties to the settlement and their desires, in the 
case of three, were plain. Mr. Drew was anxious to square 

' See Doc. Sen., 1869, no. 52, pp. 146-148, i5i-55- 
* .'\dams, op. cit., p. 56; New York Herald, April 26, 1868. 



295 J »'^^^ STREET AND THE LEGISLATURE 295 

his account as treasurer, while Vanderbilt wished to unload 
his great burden of Erie stock and to protect his puppets, 
Messrs. Work and Schell, under whose names the litiga- 
tion had been carried on. The Boston interests were es- 
pecially desirous to be lightened of the New York and Erie 
Railway, so as to be able the sooner to devote their hard- 
won spoils. to the development of the New England enter- 
prise.' One party only was unprovided for, " those 
splendid pirates, Jay Gould and ' Jim ' Fisk." - 

Gould's reasons for not desiring to compromise with 
Vanderbilt. while unknown, were none the less strong. 
Gould's other self, Fisk, coincided with Gould. As a re- 
sult an attempt was made to effect a compromise without 
their knowledge. A secret meeting, arranged to be held at 
ex-Judge Pierrepont's on an early June evening," between 
the Erie board of directors and counsel and Vanderbilt and 
counsel, was broken in upon by Gould and Fisk. After 
fruitless protests on the part of the intruders, they were 
forced to acquiesce in a settlement from which they ob- 
tained nothing but fuel to kindle further trouble. Mr. 
Fisk. in his sworn testimony, declared that Gould and he 
protested to the last, denouncing the compromise in the 
most scathing terms. His prediction that it would pro- 
duce future trouble, was well borne out by subsequent 
events. 

All the charges against the Erie were dismissed on 
the motion of the Central's attorney, Charles A. 

' Adams, op. cit., p. 58. 

* Tarbell. The History of the Standard Oil Company (New York, 
1904), pp. 1-33. 

* Mott. op. cit.. p. 155. The exact date is unknf)vvn. \t the time 
of the meeting. President Eldridge had an appointment with Gould 
and Fisk at the Fifth Avenue Hotel. When he failed to appear, 
they immediately gave credence to rumors of a .secret meeting and 
went direct to Pierrepont's house. 



296 POLITICAL HISTORY OF NEW YORK STATE [296 

Rapallo. The formal announcement of the final set- 
tlement was made on July 2nd. The settlement in- 
cluded a cash subsidy outright of $1,000,000 to Com- 
modore Vanderbilt, in return for which the Erie was 
to have the privilege of purchasing from Vanderbilt fifty 
thousand shares of Erie at seventy on demand within four 
months. Vanderbilt was also to be lightened immediately 
of fifty thousand shares of Erie stock at seventy, the stip- 
ulation being $2,500,000 in cash and guaranteed Boston, 
Hartford and Erie bonds at eighty to the amount of $1,- 
250.000. Further, Vanderbilt was permitted to hold two 
seats in the Erie board. Also, it was agreed that all pend- 
ing suits be dismissed. To heal the offended feelings of 
Messrs. Work and Schell and to recoup them for their 
losses, they severally received $429,250 in cash. To Daniel 
Drew all the fruits of his exploitation were given, with the 
exception that it was provided that he should pay into the 
Erie treasury $540,000 with interest, to balance his account 
with the Erie Company. The Boston interests, under the 
leadership of President Eldridge, fared well. The agree- 
rnent called for the purchase of $5,000,000 Boston, Hart- 
ford and Erie bonds for $4,000,000 of Erie acceptances. 
In all, the Erie treasury, which had been temporarily well 
filled, was depleted to the extent of $9,000,000 in cash to 
settle this matter of the disposition of trust property. To 
requite the outraged feelings of Jay Gould and Jim Fisk, 
the settlement provided that they should have the Erie Rail- 
road. In its existent condition, there is small wonder that 
they were dissatisfied with their share. Yet, it was destined 
to be the royal highway to many fortunes in their skillful, 
though unscrupulous hands. ^ 

The curtain dropped on the Erie litigation of 1868, when 

1 See An Erie Raid, in Adams, Chapters of Erie, also pt. iii in 
A Chapter of Erie, Adams, Chapters of Erie. 



297] iy^^i- STREET AND THE LEGISLATURE 297 

on June 30th, Directors Davis, Lane, Skidmore, Diven, 
Thompson and Eldridge were fined ten dollars by the much- 
abused Mr. Justice Barnard, for technical contempt/ The 
great malefactors, Messrs. Drew, Gould, and Fisk received 
no punishment; evidently Justice Barnard considered their 
crimes too grave for treatment.^ Mr. Vanderbilt appar- 
ently turned his glance from the Erie, though it must have 
been with a wistful look. For the time being Daniel Drew 
made himself a center of attraction in Wall Street by as- 
suming the role of looker-on. 

The scope of this study does not permit a further devel- 
opment of the Erie story. Suffice to state, that Messrs. 
Gould and Fisk, freed from the timid vacillation of Drew, 
soon made the Erie fill their coffers a hundred fold. Their 
methods were similar to those of their master: the unscru- 
pulous use of trust funds, shady Wall Street corners, a 
suitable manipulation of the legislature, a vast tangle of 
injunctions and suits in the various city and country courts. 
The names of Peter B. Sweeny and William M. Tweed. 
" remorseless, vulgar, public robbers ",^ shortly appeared 
upon the Erie board of directors, thus assuring the Erie 
ring of the support of the Tweed ring. An even exchange 
of legislative votes for money is no robbery ; hence the re- 
spective parties were satisfied. Gould was permitted, 
through the favor of Tweed, to have the Erie directors' 
bill passed, which enabled him to keep his hold upon the 
Erie board for five years, by the yearly retiring of only one- 

' Mott, The Story of Erie, p. 156; New York Times, July i, 1868; 
New York Sun, July i, 1868. 

* On April 21, 1868, Gould was exonerated by Justice Barnard of 
any intention to commit contempt of court. New York Times, May 
8, 1868; New York Herald, May 21, 1868. 

* Livingston, The Erie Railway: Its History and Management, p. 10. 
New York and Erie Railroad — Pamphlets. 



298 POLITICAL HISTORY OF NEW YORK STATE [298 

fifth of the board. There is little doubt that W all Street has 
seen, since the time of Drew and Gould, many transactions 
of high finance which would blush with the light of day, 
yet, it would be hard to picture a more bare-faced case 
of hnancial or legislative debauchery. That such a con- 
dition could exist, with the perpetrators walking erect 
in public, even envied in many quarters, speaks for itself 
as to the state of public conscience of that period. How- 
ever, there was shortly an awakening. Within the past 
decade, although the muckraker has ceased to be popular, 
the plane of public opinion and conscience is so much higher 
than that of five decades previous, we believe that the 
methods of Gould would find no harborage to-day. 

The aim in outlining this deplorable yet nevertheless in- 
teresting period of legislative, judicial and financial degen- 
eracy has been to suggest the peculiar conditions in New 
York State which placed the Democrats in control of the 
State administration in 1868. That there can be no doubt 
of the corruption rampant in the legislature of 1868 is made 
manifest by the report of Senator Hale's committee, which 
while it found no proof of the actual bribery of any sen- 
ator, yet found that large sums of money had been ex- 
pended for corrupt purposes by parties interested in the rail- 
road legislation of 1868. This committee, cijmposed of 
Senators M. Hale, Francis S. Thayer, and Asher P. Nich- 
ols, was appointed on April 10, 1868,^ and sat at various 
times during the following recess and the next regular ses- 
sion. Its report was submitted eleven months later, March 
10. 1869. 

Horace Greeley was summoned before the committee to 
state his grounds for the statement that over $100,000 
had been expended by both sides on the Erie matter. Gree- 

* Senate Documents, i86q, vol, v, no. 52, p. i ef seq. 



299J ^^''^i-^ STREET AND THE LEGISLATURE 299 

ley named the Hon. Thomas C. Fields as his informant. 
Among the others examined by the committee were : Jay 
Gould, Cornelius Vanderbilt, Jr., Thomas G. xMvord, Ab- 
ner C. Mattoon, Asahel H. Cole, Lewis F. Payne, Daniel 
Drew, John H. Mattoon. George Bliss, Jr., Alexander S. 
Diven, Luther Caldwell. James Fisk, Jr., and Hamilton 
Harris. 

Mr. Drew testified that while treasurer of the Erie, until 
July, 1868, Mr. Eldridge, the president of the road, drew 
$500,000 from the treasury before the session of the legis- 
lature, ostensibly for purposes of litigation.^ This was 
charged to Mr. Eldridge personally and had not been ac- 
counted for when Drew had retired from office. The com- 
mittee found that large amounts of money had been paid 
for various purposes. Jay Gould had paid $5,000 to Lewis 
F. Payne and $2,000 to some person, " he thinks his name 
was William King ".' to be given to Mr. D. D. S. Brown, 
of Rochester. In addition. Gould testified that he paid 
somewhere from $25,000 to $50,000, not including pay- 
ment by draft, to counsel and agents. Mr. Thompson paid 
$5,000 to Payne and close to $60,000 to Luther Caldwell, 
which had been refunded to him by the Erie Company.* 
The committee felt sure that it knew where all this money 
came from, but Mr. Eldridge. being a resident of another 
State and having failed to accept its invitation to testify, 
the committee could not force him. The committee, while 
not knowing exactly the use made of this money, assumed 
that it had been expended for some purpose with intent to 
influence legislation unlawfully.'* 

Some typical instances of the manner in which the funds 

1 Senate Documevts, op. cit.. p. 3. 

* Ibid., p. no. -^ Ibid., pp i4i)-i. 

* Ihid.. p. .r 



300 POLITICAL HISTORY OF NEW YORK STATE [300 

were disposed of will be interesting. For example, Lewis 
F. Payne, a harbor master in New York on a $350 per 
month salary, a man who had never been employed by any 
railroad, with neither profession nor any extensive influ- 
ence, was given $5,000 by Mr. Thompson ^ and later 
$5,000 by Mr. Gould " to smooth him over ", Gould not 
having heard of Thompson's payment. In return for this 
$10,000 it appears that Mr. Payne spent a few days at Al- 
bany advocating the Erie bill. 

The case of Luther Caldwell is still more peculiar. From 
the testimony of Horace Greeley, Mr. A. N. Cole and Sen- 
ator Russell F. Hicks, it appears that 

the party known as the Vanderbilt party, or the opposition to 
the bill, had made a proposition to him [Caldwell] to have 
him leave Albany, and that he [Caldwell] had informed Mr. 
Gould of the proposition they had made him, and that he told 
Mr. Gould he was going away ; and they [the Vanderbilt party] 
proposed to give him $70,000 if he would leave ; that they did 
so, and he went away; that he had before received from the 
Erie side a very liberal compensation for his services . . . 
which was paid him in all kinds of bills.^ 

General Diven, of the Erie, stated on examination that 
Henry Thompson, a director of the company, had told him 
that Caldwell had received something like $100,000 from 
the Erie the day or so before the vote was taken. Cald- 
well had then left the city. Exactly who had paid Cald- 
well this money does not appear from the testimony. 

Several unsuccessful attempts were made to bring Mr, 
Caldwell before the committee to testify. At length their 
efforts were successful. When asked by the committee the 
leading questions as to whether he knew of moneys being 

1 Senate Documents, op. cit., p. 141 et seq. Payne later became a 
prominent figure in the State politically. 
- Ibid., p. 119. 



30l] IVALL STREET AND THE LEGISLATURE 301 

paid by interested parties for or against the bill, or to any- 
one for the purpose of securing the vote of any senator, and 
whether he had received any money from any one inter- 
ested in opposing the bill, Mr. Caldwell asked for opportu- 
nity to reflect whether he would answer the question/ 
He was given until the next morning, at which time he did 
not appear. That was the last the committee saw of him. 
It was learned later that he was sojourning in the Southern 
States. 

Mr. Henry Thompson swore that he had given Caldwell, 
at one time. $10,000 and at another $50,000, which was for 
no other purpose unless to influence public opinion.* 
From Senator Hicks' testimony it appears that the money 
Caldwell received from the Erie was for " services ", and 
from the Vanderbilt party for " leaving Albany ".^ That 
such large sums of money were paid for the services of 
Caldwell or for his short absence from Albany seems in- 
credible. 

The charges in connection with Senator Mattoon were 
gone into at length without anything definite being discov- 
ered.* Senator Graham, also, it appears from Daniel 
Drew's testimony, had an itching palm, but Mr. Drew 
merely "drew an inference" that the senator wanted money 
or the promise of it.""^ 

In bringing its report to a close the committee made a 
savage attack on the papers for " the utter recklessness " ® 
with which they hurled charges at the legislature without 
proper basis in evidence. The Tribune, the New York In- 
dependent, the Rochester Democrat, the Brooklyn Union, 
and the New York Citizen were especially mentioned. 

' Senate Documents, op. cit., pp. 129-131. ^ Ibid., pp. 140-1. 

^ Ibid., pp. 118-22. * Ibid., pp. .',5-52, 122-124. 

* fbid., pp. 10, 114. " Ibid., pp. II. 



302 POLITICAL HISTORY OF NEW YORK STATE [302 

The results of the committee's prolonged task were 
summed-up as follows : 

1. Large sums of money were expended for corrupt pur- 
poses by parties interested in legislation concerning railways 
during the session of 1868. 

2. Lobbyists were thus enriched ; and in some cases received 
money on false pretense that the votes of Senators were to be 
thereby influenced. 

3. There is no proof of actual bribery of any Senator. 

4. The newspaper charges made in the instances that were 
brought to the notice of your Committee were founded on 
rumor alone, and have been in no case sustained by the evi- 
dence of the writers or other proof.' 

After this comfortable senatorial whitewashing, the 
committee went on to recommend a law which would ex- 
empt the giver of the bribe from punishment. As the 
committee pointed out, certainly with some justification, 
it was almost impossible to convict under the present laws. 
" The result is either a refusal to testify, or remarkable 
forgetfulness or something worse." ^ 

The committee closed its report with the further recom- 
mendation that legislation be passed to prevent the deposit 
of large sums of money with members of the lobby and 
to prevent the use of corporation money by officers or di- 
rectors with intent to violate the laws against bribery.' 
Although the action of the senate in ridding itself from 
taint was far more dignified and thorough than that of the 
assembly, the result proved the same. Perhaps the com- 
mittee were sincere, who knows? 

* Senate Documents, op. cit., pp. 140-1. 

' Ibid., p. 12. ' Ibid., p. 13. 



CHAPTER XI 

The National Nominating Conventions of 1868 
the republican state nominating convention 

Aside from such matters of local interest as the excise, 
political personalities, the Tweed ring, the canal frauds and 
the Erie scandal, one finds in considering the political his- 
tory of New York in 1868 that the conventions and the 
party politics of the State are but echoes of the broader 
national movements. Moreover, the New York delega- 
tions played a leading role in the deliberations of both the 
Republican and Democratic National Conventions, while 
the State Conventions were mere ratifying bodies. Like- 
wise, the action taken in both the Republican and the Demo- 
cratic State Nominating Conventions proved to corres- 
pond with the part played by each State delegation in the 
National Nominating Conventions. 

The Republican State Nominating Convention met at 
Shakespeare Hall, Syracuse, on February 5. 1868, to select 
delegates to the National Republican Convention at Chi- 
cago. The convention demonstrated two points, namely, 
that there was a strong anti-Fenton feeling and that the 
Fenton forces were well organized. Hamilton Harris, 
chairman of the State central committee called the meet- 
ing to order, after which Joshua M. Van Cott, of Kings, 
was made temporary chairman. Each county was fully 
represented. 384 delegates being present.^ 

' New York Times, Feb. 6, 1868. 
3,03] 303 



304 POLITICAL HISTORY OF NEW YORK STATE [304 

On the roll call of delegates the usual contest between 
the radical and conservative Republicans from New York 
City developed and was settled in the usual way. Notwith- 
standing, the annual airing of the Republican situation in 
New York City proved of greater moment on this occa- 
sion than ordinary as it was made a cloak to cover the anti- 
Fenton faction in the convention and to organize opposi- 
tion to Fenton himself/ 

Mr. Rufus W. Andrews handed up a list of contestants 
from New York City approved by the signatures of E. 
Delafield Smith, Thomas J. Murphy, and A. G. Plumb. Mr. 
E. Delafield Smith addressed the convention insisting that 
his delegation did not attend the convention to make trouble 
but to effect a reorganization of the Republican party in 
New York City. Mr. Smith closed his address by offering 
a resolution to the effect that the committee on credentials 
be instructed to report a resolution providing for a reor- 
ganization of the Republican party in New York City and 
County, under the joint supervision and direction of 
Messrs. Freeman J. Fithian and Thomas J. Murphy.- 

Charles S. Spencer, the leader of the Radical or regular 
(so-called) Republican organization in New York City, 
made his usual "blood and thunder high-pressure reply"," in 
which he quoted the resolutions, adopted by the Murphy '' 
organization prior to the last State election, approving 
Johnson's policy and pledging support to John T. Hoff- 
man and Robert H. Pruyn. for Governor and lieutenant- 

1 New York Times, Feb. 6, 1868; New York Tribune, Feb. 6. 1868; 
New York Herald, Feb. 6, 1868. Official Proceedings of the National 
Convention of the Republican Party, 18(68 (Chicago, 1868), (Columbia 
University Library, no. 308, H 62), no. 16. of a volume of pamphlet.s. 

* New York Times, Feb. 6, 1868. 
» New York World, Feb. 6, 1868. 

* Conservative Republicans. 



305] NATIONAL NOMINATING CONVENTIONS 305 

governor, respectively. Spencer also quoted remarks of 
Rufus W. Andrews, made two weeks prior to the present 
convention, in which Andrews charged Governor Fenton 
with being at the bottom of the election of the State com- 
mittees/ Andrews at that time threatened another con- 
vention in April to choose contesting delegates for Chicago. 
Spencer urged the convention to keep its skirts clear from 
the Murphy organization, stating that their votes were not 
needed and would taint the regular Republican organiza- 
tion. 

Thomas B. Van Buren and Rufus W. Andrews, repre- 
senting the Conservative Republicans replied to Spencer at 
length.^ Mr. Van Buren believed that a Republican union 
in New York City would enable the Republicans to carry 
the State by 50,000 votes in the fall. Van Buren charged 
that the Spencer organization had sold out the Republican 
candidate for mayor ^ in the last election and had spent 
time and money to elect Fernando Wood. Mr. Andrews 
asked why, if the Radical Republican organization was 
competent to run the party in New York City, there had 
been a drop from the usual 40,000 Republican votes to 
18,000 in the last election. The Radical organization made 
no attempt to answer.* After this thorough display, the 
Fenton forces organized to stop a further exhibition of the 
party's dirty linen. Mr. A. N. Cole moved that the dele- 
gates representing the Radical Republican organization of 
New York City, headed by Mr. Nathan Kingsley, be recog- 
nized and admitted to seats in the convention. Secondly, 
Mr. Cole moved that the delegates representing the Con- 

^ New York Tribune, Feb. 6, 1868. 

« New York Herald, Feb. 6, 1868. * Marshall O. Roberts. 

* New York Herald, Feb. 6, 1868. Freeman J. Fithian made reply 
for the Radicals. He believed reorganization inexpedient as it might 
alienate the 25,000 consistent Republican voters in New York City. 



3o6 POLITICAL HISTORY OF NEW YORK STATE [306 

servative Republican organization be invited to seats on the 
floor of the convention. Mr, Cole's motion was carried by 
a majority of 235 to 56/ The Conservative delegation 
from New York City left the hall in a body as a protest 

The contest between the New York City delegations 
proved to be the most important feature of the convention, 
and with the contest settled the Fenton forces were iible 
to complete their organization and put through their slate 
as planned. After a short intermission the convention re- 
convened at 4:30 P. M., whereupon Charles H. Van Wyck 
was made president of the permanent organization. He 
devoted his address to a review and censure of Johnson's 
policy. Stanton was lauded as one of the purest of Amer- 
ican patriots. Lieutenant-Governor Woodford and Lyman 
Tremaine, also, made extended speeches.^ 

Judging from the failure of one-third of the delegates 
to applaud the Radical Republican speeches, and from the 
votes on various of the motions, it would appear that ap- 
proximately one-third of the delegates were opposed to 
Fenton and his candidacy for the vice-presidency. The 
strength of the opposition to Fenton was suspected before 
the convention convened. This decided the Fenton men 
to take the matter out of the hands of the convention and 
give it to a committee,^ which they were able to do through 
their superior organization. 

The delegates at large, chosen by the convention, were 
Major-General Daniel E. Sickles, of New York; Lyman 
Tremaine, of Albany; Charles Andrews, of Onondaga; 
and D. D. S. Brown, of Monroe. General Sickles was 
placed at the head of the delegation because it was thought 
that his friendship for Grant would secure Grant's influ- 
ence for Fenton. Among the more prominent of the dele- 

» New York Times, Feb. 6, 1868. ' Ibid. 

' Ibid., New York World, Feb. 6, 1868. 



307] NATIONAL NOMINATING CONVENTIONS 307 

gales' names ^ representing the districts one finds the fol- 

1 Congressional District Delegates: 

1st District, Alfred Wagstaff, Suffolk; L. Bradford Prince, Queens. 

2nd District, Charles W. Broderick, Kings; Archibald M. Bliss, 
Kings. 

3rd District, Joshua M. Van Cott, Kings; Joseph Reeves, Kings. 

4th District, Joshua G. Abbey, New York. 

5th District, Moses H. Grinnell, New York; E. D. Culver, New York. 

6th District, Charles S. Spencer, New York; John D. Lawson, New 
York. 

7lh District, John Cochrane, New York; W. F. Ashman, New York. 

8th District, W. R. Stewart, New York; John D. Ottwell, New York. 

9th District, James W. Culver, New York; Charles H. Cooper, New 
York. 

loth District, H. D. Robertson, New York; C. N. Depew, West- 
chester. 

nth District, George Clark, Orange; H. R. Low, Sullivan. 

I2th District, B. Piatt Carpenter, Dutchess; Jacob W. Hogsdrats, 
Columbia. 

13th District, George H. Sharp, Ulster; Rufus H. King, Green. 

14th District, Hamilton Harris, Albany; Borden H. Mills, Albany. 

iSth District, Robert M. Hasbrouck, Rensselaer; Alexander Barkley, 
Washington. 

i6th District, William Rockwell, Warren; Eli W. Rodgers, Essex. 

17th District, Calvin Hulburd, Sr., St. Lawrence; William Gillis, 
Franklin. 

i8th District, Truman G. Younglove, Saratoga; Seymour Sexton, 
Fulton. 

19: h District, Ebenezer Blackley, Otsego; Lewis Kingsley, Chenango. 

20th District, William Dewey, Jefferson; E. B. Livingstone, Lewis. 

2ist District, Ellis H. Roberts, Oneida; George B. Anderson, Oneida. 

22nd District, Benjamin B. Bowen, Oswego; Delos W. Cameron, 
Madison. 

23rd District, Frank Hiscock, Onondaga ;R. Holland Duell, Cortland. 

24th District, John S. Fowler, Cayuga; A. D. Baker, Seneca. 

2Sth District, Peter S. Bonesdale, Ontario; Isaac L. Endres, Liv- 
ingston. 

26th District, Jeremiah W. Dwight, Tompkins; Thomas J. Chat- 
field, Tioga. 

27th District, Stephen T. Hoyt, Steuben ; Luther Caldwell, Chemung. 

28th District, E. L. Pitts, Orleans; O. C. Wildee, Monroe. 

29th District, John Fisher, Genesee; Andrew W. Brazee, New York. 

30th District, T. K. Bass, Erie; Fred H. Jones, Erie. 

31st District, George B. Barker, Chautauqua; Patrick H. Jones, 
Cattaraugus. 



3o8 POLITICAL HISTORY OF NEW YORK STATE [308 

lowing: Joshua M. Van Cott, of Kings; Charles S. Spen- 
cer, of New York; Chauncey M. Depew, of Westchester; 
Hamilton Harris, of Albany; Calvin Hulburd, Sr., of 
St Lawrence; Ellis H. Roberts, of Oneida; Frank Hiscock, 
of Onondaga ; and Luther Caldwell, of Chemung. 

Lyman Tremaine reported the resolutions, which were 
in full accord with the Radicals in Congress.^ Reuben E. 
Fenton was named as the first choice of the Republicans of 
New York State for the vice-presidency. His great pru- 
dence and firmness, his patriotic service while in Congress, 
and his sagacity as a Governor was affirmed. Republicans 
were exhorted not to permit the Democrats to overturn the 
results of Appomattox Court House. 

Horace Greeley closed the convention with one of his 
ironical addresses in which he reminded the Republicans 
that the strongest vote ever cast against the Republicans 
was polled the previous fall. He warned them against over- 
confidence and remarked that something besides talk would 
be necessary to elect the Republican ticket.^ 

The Radical organization under Fenton's leadership 
could feel proud of their work as the convention adjourned. 
It was planned and carried out accordingly to make the 
convention a Fenton organization meeting. Benjamin 
Field, Luther Caldwell, temporary chairman Joshua Van 
Cott, and president of the convention, Charles H. Van 
Wyck, were credited with being the men who forced 
through the Fenton program. The disturbance caused by 
the recriminations of the contesting delegates from New 
York City was the chief difficulty encountered. Although 
overcome in the convention, the anti-Fenton sentiment re- 
appeared at Chicago, being the cause in some degree for 
his failure to win the nomination for vice-president. 

^ New York Tmes, Feb. 6, 1868 ; New York Herald, Feb. 6, 1868. 
* New York Tribune, Feb. 6, 1868. 



309] NATIONAL NOMINATING CONVENTIONS 309 

THE REPUBLICAN NATIONAL NOMINATING CONVENTION 

The auspices under which the National Republican Con- 
vention met in the Crosby Opera House, Chicago, on May 
20, 1868, were not all that could be desired/ The friction 
between an impolitic, unyielding President and a rash, re- 
vengeful Congress had changed the current of public senti- 
ment and had created new issues, many previously un- 
thought of, causing wounds still unhealed. These new 
issues were largely foreign to those which caused the Civil 
War. First, questions arose concerning the readmittance of 
the seceded States and their social and economic conditions, 
which resulted in the supremacy of the Congressional over 
the Presidential theory. Secondly, came the issue between 
the President and Congress over their relative powers. 
Thirdly, the shorter but equally bitter conflict between the 
Supreme Court and Congress arose over the powers and 
functions of each, followed by the withdrawal of the 
former from the field. Lastly, the attempt to oust the 
President, with its failure ^ and resultant loss of prestige 
for the Congressional party, made a situation the entire 
course of which enveloped the Radical section of the Re- 
publican party in a cloud of suspicion. 

The agreement of the delegates ^ at Chicago on the name 
of Grant, nevertheless, tended to allay alarm. Grant's 
name appears to have been accepted without serious ques- 
tion. This naturally lessened the excitement of the conven- 
tion. Still, considerable interest was awakened over the 
selection of the vice-president and the formation of a plat- 

1 Utica Morning Herald, Utica, May 21, 1868. 

2 The eleventh article of impeachment failed by a vote of "guilty", 
35; "not guilty," 19 (test vote) ; on May 16, 1868. Ten clays later the 
court of impeachment adjourned sine die after reaching the same re- 
sult on the second and third articles. 

* For list of State delegations cf., New York Tribune, May 19, 1868. 



3IO POLITICAL HISTORY OF NEW YORK STATE [310 

form. The great topic of discussion among the thousands 
at the convention was the vice-presidency/ 

The New York delegation centered the attention of the 
delegates. It was practically unanimous in advising against 
any allusion to the anti-impeachment senators in the plat- 
form, but was ready to support the position of the Radicals 
on all points involved in the impeachment trial. The New 
York delegation brought with them an organization of ap- 
proximately two hundred outsiders who were organized 
under Thomas G. Alvord as chairman. These men were 
divided among the various State delegations to work for 
the nomination of Governor Fenton for vice-president. 

Nevertheless the New York delegation was not a unit. 
The Conservative Republicans of New York occupied prac- 
tically the entire day of May 19th attempting to demon- 
strate to the various State delegations that New York v>^as 
not solid for Fenton. A circular signed by Senators Charles 
J. Folger, Richard Crowley, ex-Senator Thomas J. Murphy, 
Rufus W. Andrews, Hugh Hastings and others who called 
themselves delegates to the convention was distributed. 
This move did not net them much as the Fentonites sent 
forth counter circulars showing that the majority of the 
signers on the first circular had supported Hoffman, the 
Tammany-Tweed ring candidate for Governor.^ 

Six candidates for vice-president were prominent before 
the convention : Governor Reuben E. Fenton, of New York; 
Speaker Schuyler Colfax, of Indiana; Governor Curtin, of 
Pennsylvania; ex-Vice-President Hamlin, of Maine; Sen- 
ator Benjamin F. Wade, of Ohio, and Senator Henry Wil- 
son, of Massachusetts. 

Prior to the assembling of the convention it was under- 

1 New York Tribune, May 20, 1868. 

2 Ibid. New York Times, May 20, 1868. 



3 1 1 ] NA TIONAL NOMINA TING CONVENTIONS 3 1 1 

stood that New York would press Fenton until his nomina- 
tion was clearly seen to be impossible. The delegation re- 
fused to indicate a second choice, yet it was understood 
about the convention that New York, in case of failure to 
nominate Fenton, would support either Hamlin or Colfax/ 

The matter of seating the Southern States' delegations 
was a problem freely discussed prior to the convention. 
All the Southern States were represented except Texas. 
The Southern delegates were firm in their belief that they 
would have no trouble in gaining seats. Many among them 
declared that they would join the Democracy sooner than 
submit to what they would consider an insult. Neverthe- 
less, when the temporary organization was completed the 
New York delegation under the leadership of Charles Spen- 
cer forced the admittance of the Southern votes. Great ap- 
plause attended the action. The New York delegation was 
unquestionably the leader for the day and lost no oppor- 
tunity to push Fenton.^ 

Curious was the situation which now existed. Radicals 
were recognizing in their convention representatives from 
States which they refused to recognize in Congress. How- 
ever, the reason for this action on the part of the conven- 
tion is obvious. Investigation shows that it was around the 
votes of the Southern delegates that the chief trading in 
candidates centered.^ 

The temporary and permanent organizations having 
been effected, respectively, under General Carl Schurz, of 
Missouri, and ex-Governor Hawley, of Connecticut, on 
May 20th, the convention reconvened at ten A. M. on the 
2 1 St, and the committee on the platform, after an all-night 

' New York Times, May 29, 1868. New York Tribune, May 19, 1868. 
* New York Times, May 21, 1868; New York Tribune, May 21, 1868. 
^ New York Times, May 21, 1868; New York Herald, May 21, 1868. 



312 POLITICAL HISTORY OF NEW YORK STATE [312 

session, reported through its chairman, Hon. R. W. Thomp- 
son, of Indiana. The chief struggle in the committee had 
been over the question whether or not to censure the sena- 
tors who had defeated impeachment.^ The moderates won. 
Yet when it was seen that Johnson was arraigned, the 
House of Representatives commended for impeaching him 
and Johnson declared to have been properly found guilty 
by the votes of thirty-five senators, without any impugning 
of the motives of the senators who voted against impeach- 
ment, every one appeared content with the compromise. 
" The friends of conscience and the right of private judg- 
ment thanked God it was no worse." ^ 

The convention next proceeded to the Presidential nomi- 
nations. General John A. Logan, in a brief but stirring 
speech, placed General Grant in nomination.^ As each dele- 
gation voted solidly for Grant, totaling 650 votes, the wild 
enthusiasm of the wigwam knew no bounds. It was the 
first real burst of enthusiasm in the convention. 

Attention was next given to nominations for the vice- 
presidency. The strife between the three leading candi- 
dates, Benjamin F. Wade, of Ohio, Schuyler Colfax, of 
Indiana, and Reuben E. Fenton, of New York, was keen. 
Governor Fenton was proposed by Lyman Tremaine in a 
spirited speech. The enthusiasm with which Fenton's name 
was received placed him third in popular favor. On the 
first ballot Fenton ranked second to Wade, but fell into 
third position on the second, where he remained to the end. 

^ New York Commercial Advertiser, May 21, 1868. 

* New York Times, May 22, 1868. 

' On the day previous a premature attempt had been made to 
nominate Grant by acclamation but the excitement had been allayed 
by Lyman Tremaine, who urged that the nomination should proceed 
with dignity and deliberation. 



313] NATIONAL NOMINATING CONVENTIONS 313 

General Dodge, of Iowa, who had been balancing his dele- 
gation between Fenton and Colfax, on the fifth ballot threw 
his solid vote of sixteen for Colfax. This acted as a match 
to oil. When the furore ceased the vote stood — Colfax 
522, Fenton 75, and Wade 42.^ General Sickles, of New 
York, then made a motion that the nominations be made 
unanimous, which was seconded by Ohio and carried. 

Although the platform was a compromise between the 
opposing elements in the party, the advantage lay with 
the Radicals. The provisions of the Fourteenth Amend- 
ment found place : " the guarantee by Congress of 
equal suffrage to all loyal men of the South " was 
assured, but at the same time it was asserted that the 
question of suffrage in all the loyal states belonged to the 
people of those states alone. All forms of repudiation 
were denounced and it was declared that taxation should 
be " equalized and reduced " as rapidly as the national faith 
would permit. The national debt should be extended over 
a fair period of redemption. President Johnson and his 
policy were denounced in no uncertain terms but the Con- 
servative element in the convention and the committee 
on resolutions was able to modify the stand taken on 
the impeachment, as has been stated above. The doc- 

• Table of vote on Vice-President: 
Ballot I 

Benjamin F. Wade 149 

Reuben E. Fenton 132 

Henry Wilson 1 19 

Schuyler Colfax 118 

Andrew G. Curtin 52 

Hannibal Hamlin 30 

James Speed 22 

James Harlan 16 

John A. J. Cresswell ... 14 
William D. Kelley 6 



2 


3 


4 


5 


170 


178 


204 


199 


140 


130 


144 


137 


113 


lOI 


87 


61 


149 


164 


186 


224 


45 


30 






30 


25 


25 


19 



314 POLITICAL HISTORY OF NEW YORK STATE [314 

trine of indefeasible allegiance/ under which a State clothes 
with its nationality all citizens no matter where they 
reside or resident, as strictly followed by Great Britain 
and other European powers, was condemned " as a relic of 
feudal times." Rather different from the present idea, 
foreign emigration was approved and the United States 
was to be the asylum for the oppressed of all nations. 

There were not many, who, under the enthusiasm of the 
Chicago Convention, stopped to realize that Grant's nomi- 
nation as a " foregone conclusion " and as an act of the 
highest political wisdom, acknowledged by Republicans of 
whatever section, indicated a very marked and rapid change 
in the sentiment of the Republican party.^ A year previous 
he had been the candidate of only the moderate group of 
the Republican party. The mildness of his terms to Lee 
and his insistence that they be lived up to ; his report to the 
President on the condition of the South which Sumner 
characterized in the senate as a " whitewashing docu- 
ment " ; and his apparent wish to make no declaration of 
principles, which lead to the belief that he was opposed to 
universal negro suffrage ; all these had tended to separate 
him from the Radicals. It was not until Grant's unfortunate 
quarrel with Johnson ; and his position in the complications 
growing out of the action of certain district commanders,^ 

1 Westlake, pt. i, pp. 214-33. Scott, Cases on International Law, 
pp. 370-412. Jus sanguinis, i. e. rule of descent or parentage, is con- 
trasted with Jus soli, i. e., rule of the soil. 

2 As early as July 23, 1867 the Republican general committee of New 
York City nominated General Grant for President. That Republican 
opinion throughout the North was not uniform regarding Grant 
at that time is shown by the fact that on the same day which saw 
Grant nominated in New York City, the Republican State Convention 
of New Jersey voted down by a pronounced majority a similar mot on 
for the nomination of Grant. (New York World, July 25, 1867.) 
Greeley, also, was opposed to Grant at this time. (New York Tri- 
bune, Oct. 15, 1867, Nov. 17, 1867.) 

3 Sheridan and Sickles especially. 



315] NATIONAL NOMINATING CONVENTIONS 315 

together with the consciousness apparently dawning on the 
Radicals that they had about reached their limit in recon- 
struction, that the Radicals found in Grant available timber 
for the Presidency. Up to that point Chief Justice Chase 
had been the Radicals' favorite candidate. 

Henry J. Raymond was open to conviction that the work 
of the convention was for the best. He was strongly in 
favor of Grant but with reference to the vice-presidency 
allowed that " it might not be hard to name other candi- 
dates, who would bring to the party, on grounds of locality 
as well as from personal ability, more of real strength " " 
than Colfax, although he admitted that his nomination was 
" eminently judicious ". The platform was " as good as 
we were entitled to expect ". However, it would have been 
better, thought Raymond, to have dropped the subject of 
impeachment entirely; and in relation to a rapid reduction 
of taxation and the strictest economy in the administration 
of the government "a Republican Convention in 1868 ought 
to have been able to present something more effective than 
promises ". The Times, while still a loyal servant, had 
not forgotten its recent treatment at the hands of the Radi- 
cals. In spite of its realization that the financial plank of 
the Republicans fell short, the Times ably rallied to its sup- 
port when the Democrats attacked it as meaning nothing." 

Horace Greeley observed that it was not necessary to 
hold a convention to nominate a Republican for President.^ 
As for Schuyler Colfax* he considered him the best can- 

* New York Times, May 22, 1868. 

" New York Times, May 25, 1868. 

' New York Tribune, May 22, 1868. 

^ Schuyler Colfax was a native of New York City and at the time of 
election was 45 years of age. He had moved with his mother and step- 
father to northern Indiana, where first as a clerk then as proprietor 
of the St. Joseph Valley Register at South Bend, he early entered 
politics. His sheet controlled the Republicans of St. Joseph County and 
resulted in his seventh renomination and election to Congress. 



3i6 POLITICAL HISTORY OF NEW YORK STATE [316 

didate, with regrets on grounds of amiability/ " The plat- 
form is fair, temperate and firm," said Greeley. " Now let 
our friends in Congress push on the work of reconstruction 
... so that the votes of all the States, if possible, may be 
cast at the election." ^ 

The Evening Post subscribed editorially to all the results 
of the National Republican Convention in one of its clear, 
well-balanced, but bloodless statements. It predicted that 
the campaign would be waged over the matter of equal suf- 
frage.^ Three days later the Evening Post, on a closer 
inspection, decided that the platform was less broad than 
might be desired on the matter of equal suffrage. It un- 
mercifully suggested that the Republicans should have 
taken their own medicine by recommending a change of 
constitutions in the loyal states so that they would read for 
equal suffrage.* 

Five months prior to the nominations, the World ^ would 
have considered the personal availability of the Republi- 
cans' ticket a strong one, due to the successful military 
career of Grant. However, since then he had been con- 
victed of demagogism and duplicity in his connection with 
the Radicals. Colfax, the World admitted, was a popular 
man with his party, but one who was a persistent popularity- 

' New York Tribune, May 23, 1868. * Ibid. 

• New York Evening Post, May 22, 1868. 

* New York Evening Post, May 23, 25. 1868. The Philadelphia 
Press undertook after the National Republican Convention to purify 
the party. It placed Fessenden, Fowler, Grimes, Ross, Trumbull, Van 
Winkle, and Henderson on a " Senatorial black-list." Also it read out 
of the party support the New York Evening Post; Chicago Tribune, 
Cincinnati Commercial, Providence Journal, Springfield Republican, 
Bridgeport Standard, Buffalo Advertiser, Buffalo Express, and Hart- 
ford Courant. The Evening Post took occasion to declare itself an 
independent organ. 

5 New York World, May 22, 1868. 



317] NATIONAL NOMINATING CONVENTIONS 317 

hunter and as such ready to change with the strongest wind. 
The World argued that the candidates and platform would 
be weakened by three things. First, the bloodshed and vio- 
lence in the South resulting from the Radical policy had 
shocked the Conservative element of the country. Second, 
the fact that both candidates coming from the middle West 
would tend to alienate the East, especially, as the friends of 
Fenton, Wilson, Hamlin and of Curtin all had reason to 
complain.^ 

The Sun in its avowed capacity as an independent organ 
considered Grant's name a tower of strength to the Repub- 
licans. But in viewing the field from its independent 
standpoint the Sun did not regard Grant as a partisan, nor 
as the candidate of a political party.^ Colfax, " a gentle- 
man of pure character,^ of popular manners ", was wisely 
placed on the ticket as a Republican to balance Grant as a 
War Democrat. 

James Gordon Bennett considered that Grant was far 
stronger than his party, which had been weakened by the 
Radical excess.* " Old Ben Wade " as a bigoted fanatic, 
Fenton as a failure and Curtin as a very respectable man 
were politically buried by the Herald. Bennett termed the 
Republican platform as " conveniently evasive and withal 
as elastic as India rubber ".^ Nevertheless, the Herald was 
unqualified in its statement that in the platform the con- 
vention had stepped over the boggy places. 

Thurlow Weed heartily endorsed Grant and Colfax, but 

1 New York World, May 22, 1868. 

* New York Sun, June 2, 1868. 

3 See Credit Mobilier scandal in Dunning, Reconstruction, pp. 231-3. 
Rhodes, United States History, vol. vii, ch. xi passim. 

* New York Herald, May 22, 1868. 
» Ibid., May 23, 1868. 



3i8 POLITICAL HISTORY OF NEW YORK STATE [318 

found a platform to which the party would not give entire 
and cordial assent.^ Weed could not see the advantage 
in a prolongation of the snarl with Johnson. " What the 
House failed to establish, the voice of Loyal Leagues, of 
committees, of backwoods gatherings and even of a Na- 
tional Convention cannot dignify." " The defeat of Fenton 
gave Weed complete satisfaction; he had urged that the 
Grant ticket be not imperiled by his candidacy. 

Among the up-State papers the epitomized sentiment ^ 
of the New York City journals was generally made the 
basis for editorials. The Rochester Daily Democrat con- 
sidered that the " platform is all that we could wish it to 
be ".* Regarding the defeat of Fenton the Daily Demo- 
crat stated the Governor lost because a noisy squad of 
Weed men pretended that Fenton was not fully supported 
at home. The declarations of Weed were, without doubt, 
the truth, the evident wishes of the Daily Democrat ^ to the 
contrary notwithstanding. The most flattering and per- 
haps sincere indorsement of Colfax which appeared in any 
of the State journals was published by the Buffalo Express. 

If strength is needed to be accumulated upon a ticket which 
General Grant heads, it is to be added by the name of Schuyler 
Colfax, whose whole record in Congress from the day he en- 
tered the House of Representatives until he became again and 

^ New York Commercial Advertiser, May 21, 1868. 

2 Ihid. 

8 New York City press attitude on May 22, 1868: Tribune, "De- 
lighted with the action of the Chicago Convention." Times, " Con- 
vention on the whole did its work well." World, " Ticket as a whole 
is not a strong one." Herald, " Ticket is a strong one." Sun, " To 
defeat the ticket the Democrats must nominate two of their ablest 
and most popular men." 

* Rochester Daily Democrat, May 22, 1868. 

^ Ibid. 



319] NATIONAL NOMINATING CONVENTIONS 319 

again its presiding officer has been among the most brilliant 
and unblemished in the annals of the national legislature/ 

The leading Radical organ of the southern tier, the 
Binghamton Daily Republican, which very frankly classi- 
fied itself as belonging to the " more advanced school "," 
had placed Grant at the head of its ticket on February 24, 
1868, with the explanation that although Grant is not a 
Radical, so-called, " we trust him implicitly ". The Daily 
Republican was one of Governor Fenton's urgent advo- 
cates for vice-president. It argued for Fenton as an 
able and incorruptible governor who had twice defeated 
the Democrats of the State against fearful odds. But on 
Fenton's failure the change to Colfax was made without a 
ripple of disappointment.^ The Broome Weekly Republi- 
can reflected the sentiment of the Daily Republican in 
speaking of Colfax — " His political opponents can only 
strengthen his claims by objecting to his politics." * 

To Ellis Roberts, of the Utica Morning Herald, the out- 
look did not appear so roseate as the majority of Radical 
journals asserted. Although in the van of the journals 
which flayed Johnson and his policy the Morning Herald 
appeared to have become suddenly cautious and timid. ^ To 
Roberts the election of Grant was a possibility not a proba- 
bility. As for Colfax the necessity for bolstering the weak 
spots in his political career were obvious." It would seem 
that Roberts read the political barometer aright with refer- 
ence to New York State, but made his error in interpreting 

1 Buffalo Express, May 22, 1868. 

* Binghamton Daily Republican, Feb. 24, 1868. 
» Ibid., May 22, 1868. 

4 Broome Weekly Republican, May 27, 1868. 

* Utica Morning Herald, May 21, 1868. 
« Ibid., May 2Z, 1868. 



320 POLITICAL HISTORY OF NEW YORK STATE [320 

the rise of Democratic strength in New York as indicative 
of the situation in the country at large. Roberts followed, the 
New York Times as a political indicator, and apparently 
was influenced by its hesitating and doubtful approval of 
the Chicago convention. Yet, prone to display the weak- 
nesses of human nature, he could not refrain from a covert 
sneer.^ 

That old-time bulwark of Republicanism, the Albany 
Evening Journal, true to its ancient habit, was unrestrained 
in its enthusiasm over the nomination of Grant and con- 
sidered his defeat impossible. It gave Fenton poor con- 
solation by pointing out that he should feel proud of the 
support accorded him for the vice-presidency, coming as 
it did from all over the Union.^ The Evening Journal re- 
joiced that the platform endorsed Congressional Reconstruc- 
tion, but stated that the direct issue in the campaign was 
the declaration of the platform in favor of the redemption 
of the national debt according to the terms of its creation.^ 

As typical of the up-State Democratic editorials on the 
Chicago Convention, the Utica Daily Observer published 
what might be termed the best example of the manner in 
which the results of the convention were received.* Said 
the Daily Observer: 

The Radical leaders are experts in the manufacture of flimsy 
sensations and political claptrap. In the preparation of Brum- 
magen tinsel, meretricious ornamentation, the fripperies, the 
simulated thunder and lightning, hail and rain of the theaters, 

' The New York Times is the nearest to hesitation and doubt, as is 
characteristic of it. Utica Morning Herald, May 25, 1868. 

' Albany Evening Journal, May 22, 1868. 

» Ibid. 

^ See also Rochester Daily Union and Advertiser, May 20, 22, 1868. 
" In the character and capacity of its individual members it is the 
weakest national convention in the history of American politics." 



32 1 ] NATIONAL NOMINATING CONVENTIONS 321 

they are unrivaled. The cheap exhibitions of pinchbeck 
patriotism, and veneered honesty, with which they deceive the 
acidulated old maids, gullible grannies and short-sighted fana- 
tics and bigots, who constitute the basis of their party, are 
clever specimens of adroit management of puppet shows. 
Their proficiency in the knavish legerdemain of politics is 
certainly remarkable : their facile shiftings of the Radical 
" little joker " under the thimble — upon which the people stake 
their money and lose — are marvels of manipulation. We 
wonder at the verdancy of those that allow themselves 
to be bamboozled by this jugglery; while we are disgusted with 
the cant, hypocrisy, and insincerity of the performers them- 
selves.^ 

THE DEMOCRATIC STATE NOMINATING CONVENTION 

The Democrats of the State met in State Convention at 
Tweedle Hall, Albany, on March 11, 1868, for the pur- 
pose of nominating delegates to the Democratic National 
Nominating Convention. The usual Democratic atmos- 
phere seemed to be lacking, for New York City failed to 
send contesting delegations. Only one seat was contested 
in the convention.^ William M. Tweed and his disciples 
seemed to look on the proceedings with the coolness of mas- 
ters,^ hence the great display of harmony.* 

^ Utica Daily Observer, May 26, 1868. 

^ New York Herald, March' 12, 1868. Mr. Jacobs, of Kings, claimed 
the seat of Mr. Voorhies, of the 9th district of Kings. Mr. Jacobs' 
name had been Hsted among the delegates, but overnight Mr. 
Voorhies' name was substituted. Tammany had not forgiven Mr. 
Jacobs for his effrontery in running for speaker contrary to the ma- 
chine in the legislature. 

^ New York World, March 12, 1868; New York Herald, March 12, 
1868. Tweed moved the nominations of the vice-pres'dents. Tweed 
and Richard B. Connolly represented the first district on the com- 
mittee to select delegates. 

* It appears that the program was arranged the night before in 



322 POLITICAL HISTORY OF NEW YORK STATE [322 

The absence of contesting delegations permitted the lead- 
ers to start the convention with the permanent organization. 
Samuel J. Tilden, chairman of the State central committee, 
called the convention to order and under his direction the 
organization was completed without controversy, with 
Marshall B. Champlain, of Allegany, as president. Cham- 
plain's address had for its keynote the thought that Democ- 
racy was in the midst of revolution, therefore it must act 
calmly. I 

After a recess the convention reassembled at 3 130 P. M. 
and was addressed by Horatio Seymour, whose speech was 
the counterpart of the convention proceedings, being non- 
committal, unsuggestive and lacking a certain firmness. The 
tenor of Seymour's address was that the Democrats should 
present no candidate at this time but go to the National 
Convention prepared to take advantage of circumstances 
and issues as they presented themselves at that time, and 
support the candidates best suited to present those issues. 
Seymour devoted the greater part of his address to an :tble 
but bloodless discussion of currency, bonds and taxes in 
which nothing new was presented.^ Samuel J. Tilden ad- 
dressed the convention at length after Seymour. Tilden re- 
viewed the history of the two parties and contended that the 
policy of the Republicans had been, and was, to impoverish 
the country, centralize power, paralyze industry, multiply 
taxation and elevate the negro while degrading the white 
man.'^ 

Tweed's headquarters, Room No. 57 — Delevan House. Orders were 
given out that a free and unrestrained expression of opinion was to 
prevail. New York Herald, March 12, 1868; New York World, 
March 12, 1868. 

* New York World, March 12, 1868; New YorkTimes, March 12, 
1868. 

' Ibid. 



323] NATIONAL NOMINATING CONVENTIONS 323 

The delegates-at-large reported by Delos De Wolf, of the 
committee to select delegates, were Horatio Seymour, Sam- 
uel J. Tilden, Sanford E. Church and Henry C. Murphy. 
Among the district delegates ^ appear the names of William 

' Delegates at Large. 

Horatio Seymour; alternate Augustus C. Hand. 
Samuel J. Tilden; alternate George W. McLean. 
Sanford E. Church; alternate Robert P. Lanning. 
Henry C. Murphy ; alternate George Law. 

Congressional District Delegates. 

1st District, Erastus Brooks, Richmond ; John Armstrong. Queens. 

2nd District, James B. Craig, Kings; William Marshall, Kings. 

3rd District, Alexander McCue, Kings; James Murphy, Kings. 

4th District, Joseph Dowling, New York; Michael Norton, New York. 

5th District, William M. Tweed, New York; John Morrissey, New 
York. 

6th District, Emaneul B. Hart, New York; Oswald Ottendorfer, 
New York. 

7th District, Charles G. Cornell, New York; Charles E. Loew, 
New York. 

8th District, Augustus Schell, New York; A. Oakey Hall, New 
York. 

gth District, Albert Cardozo, New York; Edward Jones, New York. 

loth District, Collin Talmie, Putnam; Robert Cochran, Westchester. 

iilh District, James D. Decker, Sullivan; Enoch Carter, Orange. 

I2th District, Henry A. Tilden, Columbia; Charles Wheaton, 
Dutchess. 

13th District, Jacob Hardenburgh, Ulster; George Beach, Greene. 

14th District, William Cassidy, Albany; Charles Goodyear, Schoharie. 

15th District, Moses Warren, Rensselaer; Emerson E. Davis, Wash- 
ington. 

i6lh District, Timothy Hoyle, Clinton; Halsey R. Wing, Warren. 

17th District, Samuel B.Gordon, St. Lawrence; Darius W. Lawrence, 
Franklin. 

i8th District, Cornelius A. Russell, Saratoga; Colonel Simeon Sam- 
mons, Montgomery. 

igth District, Luther J. Burdett, Otsego; John F. Hubburd, 
Chenango. 

2Cth District, Allen C. Beach, Jefferson; Lorenzo Caryl, Herkimer. 

2ist District, Francis Kernan, Oneida; George H. Sanford, Oneida. 

22nd District, William F. Allen, Oswego; Charles Stebbins, Jr., 
Madison. 



324 POLITICAL HISTORY OF NEW YORK STATE [324 

M. Tweed, Albert Cardozo, A. Oakey Hall, John Morrissey, 
Charles E. Loew, all of Tammany fame; William Cassidy, 
of Albany; Allen C. Beach, of Jefferson; Francis Kernan, 
of Oneida; Charles Stebbins, Jr., of Madison; Marshall 
B. Champlain, of Allegany, and William Williams, of Erie. 

The evening session was devoted to the adoption of a 
platform which was presented by Mr. A. B. Conger.^ The 
news from New Hampshire, which had elected a Republican 
Governor two days prior, apparently caused the adoption 
of a non-committal platform following the cue in Sey- 
mour's speech. The platform emphasized the spirit of 
unanimity which prevailed in the party and scored Congress 
for its waste, exorbitant tariff, violations of its pledges to 
bring peace, its prostitution of every branch of public ser- 
vice and for its attempt to depose the President. 

A strong feeling prevailed in the convention in favor of 
taxing United States bonds and paying in legal tenders at 
maturity, where it was not stipulated that gold should be 
paid. However in view of the non-committal policy of the 
convention it was thought unwise to take any action on the 
question, but leave it open for the Democratic National 

23rd District, James P. Haskins, Onondaga; John A. Green, Jr., 
Onondaga. 

24th District, Elmore P. Ross, Cayuga; Charles L. Lyon, Wayne. 

25th District, Joseph L. Lewis, Ontario; Lester B. Faulkner, Liv- 
ings; on. 

26th District, Hiram A. Beebe, Tioga; Jeremiah McGuire, Schuyler. 

27th District, Marshall B. Champlain, Allegany; Daniel C. Howell, 
Steuben. 

28th District, George W. Miller, Monroe; Henry J. Sickles, Orleans. 

29th District, Sherburn B. Piper, Niagara; Henry A. Richmond, 
Genesee. 

30th District, Joseph Warren, Erie; William Williams, Erie. 

31st District, Charles H. Lee, Chautauqua ; Jonas Button, Cattaraugus. 

^ New York World, March 12, 1868; New York Herald, March 12, 
1868. 



325] NATIONAL NOMINATING CONVENTIONS 305 

Convention, which would have a surer light to follow, after 
the Republican National Convention had met and adopted a 
platform/ 

THE DEMOCRATIC NATIONAL NOMINATING CONVENTION 

The Republican National Convention over, the attention 
of both parties was naturally turned towards the action of 
the Democratic National Nominating Convention which 
was to meet in New York City in early July. The Repub- 
lican journals of the State appeared largely certain of what 
the Democrats would do at New York, or at least, what they 
should do. The Democratic journals, on the other hand, 
failed to exhibit any firm touches in their cautious treat- 
ment of the subject. Mr. Chief Justice Chase appeared to 
be the candidate best calculated to add strength to the 
Democratic ticket from a Republican viewpoint.^ Whether 
this was a sincere belief is, of course, difficult to judge. 
Moreover, the honorable position and undoubted character 
of the Chief Justice gave the discussion of his merits a cer- 
tain validity. Be that as it may, beyond question there 
were many Radicals who urged the claims of Chase, as a 
Democratic candidate, in the hope that if he were nomi- 
nated his previous state of unstable political equilibrium 
would react upon him to the advantage of the Radicals.'' 
The Evening Post, however, appeared to be sincere in its 
suggestions that Chase would make the best Democratic 
candidate. It stated that it would look upon the nomina- 
tion of Chief Justice Chase, on a platform of principles 
prescribed by himself and with a candidate for vice-presi- 
dent his equal in character, as an " event of first-rate im- 

1 New York Herald, March 12, 1868. 

* New York Sun, July 7, 1868. 

'New York Times, June i, 1868; June 8, 12, 16, 1868. 



326 POLITICAL HISTORY OF NEW YORK STATE [326 

portance in our political history." ^ Should this event occur 
it would mean a dissolution of parties and a revision on new- 
doctrines.^ 

Theodore Tilton had been Chase's most energetic friend 
in urging upon the Republicans his nomination for the 
Presidency until the latter's change to the Conservatives 
over impeachment.^ In spite of the Independent's deser- 
tion of Chase in favor of Grant as the Republican candi- 
date, Tilton continued to believe in Chase as Presidential 
timber,* considering him the best man in the East for the 
Democrats. Tilton's quixotic attitude towards Chase fur- 
nished Dana with a bit of ironic amusement. " Wouldn't 
it be funny if, after Theodore Tilton's failure to nominate 
Judge Chase as the Republican candidate, he should suc- 
ceed in procuring his nomination as the champion of the 
Democrats." ® 

Dana, nevertheless, favored Chase for the Democratic 
nomination until shortly before the convention.® Thurlow 

^ New York Evening Post, June 9, 1868. 

^ Ibid. The Independent, May 21, 1868: also held the same view. 

* The Independent, May 28, 1868. " Half a year ago we urged the 
Republican party to nominate Mr. Chase, who was then a Radical, 
rather than Gen. Grant, who was then a Conservative. Since then — 
Gen. Grant has become a Radical, and Mr. Chase a Conservative. 
Nor is it improbable that the two opposing candidates in the en- 
suing campaign will be Grant and Chase — the one representing the 
Radical Republicans, and the other Conservative Democracy. Verily 
this is a changeful world! Long a partisan of Chase, never a 
partisan of Grant, we frankly avow that since these two men have 
so signally changed places we now a thousand times prefer Grant 
to Chase." 

Tilton made the severest criticism on Chase because of his supposed 
endeavors to defeat impeachment. The Independent, May 21, 1868. 

* The Independent, May 28, 1868; July 16, 1868. 
^ New York Sun, May 25, 1868. 

« Ibid., May 23, 1868; June 9, 16, 1868. 



327] NATIONAL NOMINATING CONVENTIONS 327 

Weed, whose favorite editorial diversion was to attack other 
papers, especially the Tribune, gave sufficient space to decry- 
thoroughly Chase's nomination by any party/ Greeley, 
who always enjoyed displaying his appreciation of Hor- 
atio Seymour, as " a cool, wily, ingenious master of the art 
of squirting oratorical vitriol," " appeared to consider him 
as an active candidate, especially after the latter's speech of 
June 25th. The hopes of Chase had been blasted by the 
" Southern Bourbons ".^ 

James Gordon Bennett believed that Chase should be 
chosen, first in order to insure a civil, rather than a military 
government,* and second, because he would not be the tool 
of a legislative clique.'^ For precisely the same reason, the 
World did not favor Chase. Although it admired Chase 
for sticking to his principles, the World did not think that 
he would receive the nomination or that if he did he would 
consider himself bound by the convention.^ 

Most of the leading Democratic journals in the country- 
were as disgusted with Chief Justice Chase because of his 
Presidential mania, as were his former Republican col- 
leagues. The general editorial attitude towards him im- 
presses one with the feeling that he had committed a for- 
gery or a graver felony.'^ 

' New York Commercial Advertiser, June 10, 1868; June 11, 1868. 

* New York Tribune, June 26, 1868. ' Ibid. 

* New York Herald, June 16, 1868. 
^Ibid., June i, 1868. 

^ New York World, June 15, 20, 1868. 

' The leading sectional papers of Democratic faith, which denounced 
the Chase movement in unqualified terms were: Chicago Times; 
Des Moines (la.) Statesman; Columbus Statesman (Ohio organ of 
Democracy) ; Wilmington (N. C.) Journal; National Intelligencer 
(Washington, D. C.) ; Lancaster (Pa.) Intelligencer (Buchanan's 
mouhpiece until death); Charleston (S. C.) Mercury. Referred to 
in New York Commercial Advertiser, June 13, 1868. 



328 POLITICAL HISTORY OF NEW YORK STATE [328 

During the formative period of Democratic ideas on the 
Presidency there appeared to be an intangible yet actual 
conflict between the East and the West. In the West the 
followers of Pendleton were opposed to Chase and Sey- 
mour, the former because of his past associations and the 
latter because of his failure to stand for Pendleton's 
theories of finance. In the East after the Chase movement 
had passed its zenith, the eyes of practically all were cen- 
tered upon Seymour as a fighting hope. As the hounds 
rally to the cry, so did the opposition press, the more Sey- 
mour declined to be considered a candidate. The question 
was repeatedly asked by the opposition : " Will they fall 
back on Seymour, the old political hack, who with char- 
acteristic calculating modesty has already repeatedly re- 
fused in advance the barren honors of nomination? " ^ 

Seymour's address be*fore the Democrats of New York 
City on June 25th was variously construed. In his speech 
he urged upon the Democracy that victory could be had 
only under Chase.^ Seymour on this occasion definitely 
distinguished between his own and Pendleton's ideas on 
national finance. The latter's plan called for a redemption 
of the fourteen hundred millions of government five-twenty 
bonds in paper. Its aim was to force the bond holders to 
take their chances with the poor classes. On the other 
hand, Seymour advocated the theory that nothing should 
be done to depreciate the value of the government bonds. 
He stated that deposits in savings banks, approximating five 
hundred millions, and in life insurance, twelve hundred 
fifty millions, would be endangered if their securities, 
namely, government bonds, were not paid, or paid in a de- 
based currency.® 

^ Broome Weekly Republican, May 27, 1868. 

* New York Herald, June 26, 1868; The Independent, July 9, 1868. 

» New York Herald, June 26, 1868. 



329] NATIONAL NOMINATING CONVENTIONS 329 

The Herald ^ and the Tribune ^ both accused Seymour of 
feigning to refuse the crown that he might the more safely 
clutch it. But he was not to be left without those who be- 
lieved in his sincerity. Theodore Tilton took Seymour at 
his word and predicted that his refusal would produce a 
party split.^ The Evening Post likened Seymour's speech 
to an attorney who, having retained an eminent counsel, 
was told by him that " the case is fatally weak." . . . 
Then abuse the other side, replied the ready-witted attor- 
ney. The World commended Seymour's address but re- 
fused to be drawn out on its preference for the Democratic 
nominee.* Yet it warned the extremists against the fool- 
hardiness of foisting upon the party, candidates and a plat- 
form which would not be acceptable to the majority ^ or 
would force a departure from the old-established principles 
of Democracy.*^ 

1 New York Herald, June 26, 27, 1868. The Herald on July 3, 1868, 
however purported to take Seymour's refusal seriously. " Mr. Seymour 
we consider, in good faith, out of the fight as a candidate, but in it 
as an active worker for Chase." 

^ New York Tribune, June 26 — July 6, 1868. 

' The Independent, July 9, 16, 1868. 

* New York World, June 26, 1868. 

^ Ibid , June 3, 1868. The World believed that the following doc- 
trines should be incorporated in the Democratic platform: 

1. Residuary powers of the State governments to remain according 
to Constitution. 

2. The National Debt 

(a) was lawful and should be upheld by the full taxing power. 

(b) should be handled with discrimination. 

(c) should be paid as creditors have naturally construed it. 

3. Instant retrenchment imperative. 

4. Specie should be the basis of the national currency, but paper 
money was necessary until the abnormal condition of the coun- 
try's finance was counteracted. 

5. Low tariflf. 

"If Pendleton were followed, Democracy would have to break with 
its ancient hard-money policy. If Chase were followed negro suffrage 
would be endorsed, which would also be too violent an innovation 
to be accomplished by a bare majority. New York World, July 2, 1868. 



330 POLITICAL HISTORY OF NEW YORK STATE [330 

That the Democratic situation was grave and called for 
skilled treatment was apparently appreciated by the dele- 
gates as they gathered in New York City during the first 
days of July. The World let no opportunity escape to cau- 
tion moderation/ Contrary to the situation at Chicago, 
the battle of intrigue, cliques and sectional animosities was 
waged around the Presidential nomination, with the plat- 
form for an immediate background. The list of Presi- 
dential candidates from which the nomination was to be 
made included the following names : Salmon P. Chase, of 
Ohio, Chief Justice of the United States, ex-Governor of 
Ohio, Democratic-Republican, Independent, negro suffra- 
gist; Horatio Seymour, of New York, anti-war Democrat, 
ex-Governor of New York, ancient leader of Democracy, 
Democratic bondholders' candidate; George H. Pendleton, 
of Ohio, Copperhead, candidate for Vice-Presidency under 
McClellan in 1864, whose motto was " Greenbacks for the 
bondholders " ; Thomas A. Hendricks, of Indiana, " a sec- 
ond edition of poor Pierce " ; ^ General Winfield Scott Han- 
cock, of Pennsylvania, the soldiers' candidate, representa- 
tive of the Conservatives, President Johnson's favorite mili- 
tary man, " because he is more a soldier of the George 
Washington type than any other officer in the army " ; ^ 
General George B. McClellan, of New Jersey, unrequited 
disciple of Fabius the Cimctator, leader of the movement 
which carried the States of New Jersey, Kentucky and 
Delaware against Abraham Lincoln in 1864; Reverdy 
Johnson, of Maryland, conservative, Minister to England, 
whose vote in favor of the Congressional military system 
in the South disqualified him with the Western Bourbons; 
and last but foremost in the opinion of his seconds, Andrew 

1 New York World, July i, 2, 1868. 

* New York Herald, July 3, 1868. » Ibid. 



33 1 ] NATIONAL NOMINATING CONVENTIONS 331 

Johnson, of Tennessee and the White House, ex-tailor, ex- 
Union State Governor of Tennessee, ex-Congressman, ex- 
Vice-President of the United States and chief exponent in 
the arena of " My Policy ". 

Prior to the convention two other names ^ had been men- 
tioned more or less extensively in connection with the 
Democratic Presidential nomination. After Admiral Far- 
ragiit had refused to have his name considered as a possi- 
bility before the Chicago Convention, certain enterprising 
Democrats, thinking that he was out of harmony with the 
Radicals, had written to him in Europe asking him to run 
on the Democratic ticket. Could Farragut be enticed thus, 
it was thought that his still great popularity as the hero of 
Mobile would be able to counteract the popularity of Grant, 
minus the general disgust over the work of Congress in 
the South.^ However, Farragut upset their fond delusion 
by a peremptory refusal, stating that the honor which he 
had already received he considered far more than he 
merited. 

On June 30, 1868, General Francis P. Blair, of Missouri, 
wrote to Colonl James O. Broadhead relative to the use of 
the former's name before the New York Convention. The 
feasibility of Blair's acceptance was vitiated by the manly 

^ Twelve other names received considerable mention among their 
friends, as the balloting proved. Of these Charles Francis Adams, 
Minister to Great Britain during the War, alone received no votes 
in the convention. New York Times, July 3rd, 1868. New York 
Evening Post, July 3, 1868. 

The other names were Sanford E. Church, of New York; Asa 
Packer, Joel Parker, and James E. English, each respectively Gov- 
ernor, of Pennsylvania, New Jersey and Connecticut; Senator Doolittle, 
of Wisconsin; General Thomas B. Ewing, of Kansas; ex-President 
Franklin Pierce; Mayor Hoffman, of New York City; Justice S. J. 
•Field, of California, and Mr. T. H. Seymour, of Minnesota. 

' New York Times, July 3, 1868. 



332 POLITICAL HISTORY OF NEW YORK STATE [332 

stand ^ he took in stating his exact views on the national 
situation, i. e., that the work of the Radical Congress was 
unconstitutional and that the new President, if Democratic, 
should declare the acts of Congress " null and void, compel 
the army to undo its usurpations at the South, disperse the 
carpet-bag State governments, allow the white people tO' 
reorganize their own government and elect Senators and 
Representatives." ^ These doctrines were, of course, too 
radical for the Democrats to hope for victory, hence the 
dropping of Blair's name from consideration. 

The above names, aside from those of Chase, Seymour 
and Pendleton, were ultimately used in a game of chess 
played for the benefit of the three leading candidates. Gen- 
eral Hancock was looked upon as the possible dark horse 
of the convention, in the event of a protracted tie.^ Even 
the bravest, outside of the immediate coterie of the Presi- 
dent's admirers, were fearful of trusting Democracy into 
the unyielding hands of Johnson. Seymour was the dis- 
turbing element of the convention. With the 80,000 odd 
Democratic voters of New York City, and the New York 
delegation in his favor, together with his party prominence, 
he was a factor to be constantly considered, regardless of 
his protests immediately before the convention." The dele- 
gates from the East and South appeared to incline towards 
Chase.* From the West and Southwest, the delegates were 

1 See Radical papers on Blair's letter. Violent was the m'ldest term 
applied to it. New York Times, July 9, 1868. New York Tribune, 
July 4-6, 1868. 

2 Letter from Francis P. Blair to James O. Broadhead, Washington, 
D. C. New York Sun, July 3, 1868. 

* New York Times, July S. 1868. The Times looked on Chase as the 
probable compromise candidate. 

* New York Times, July 6, 1868; New York Herald, July 3, 1868; 
New York Times, July 5, 1868. The Times was unkind enough to 
hint that a large part of Chase's strength in the convention would be 



333] NATIONAL NOMINATING CONVENTIONS 333 

united for Pendleton and claimed a majority in the con- 
vention. 

Had " the time-honored principles of the Democratic 
party" been rigidly adhered to, the suggestion of Francis 
P. Blair, that the acts of Congress on Reconstruction were 
unconstitutional, might have prevailed. This would have 
entailed the repudiation of the Fourteenth Amendment and 
a number of the acts of the President and Congress, at 
least from Appomattox. To prevent such a calamity to 
the Democrats, the Herald, on July 3rd, urgently advocated 
Chase, ^ who was represented as the embodiment of consti- 
tutional law against military dominance. If the Democrats 
would accept the constitutional amendments and Chase as 
a candidate, it was believed that they would win.^ The war 
record of Chase was strong and clear as the financial chief 
who had made Grant's victories possible. 

In reading the newspaper files on the Democratic con- 
vention, one is impressed with the fact that there existed 
among the delegates gathered at New York a general sen- 
timent that the Democrats must go forward and accept new 
conditions.^ The Herald voiced this sentiment on the eve 
of the convention, as a last admonition. " The talk we 
hear of the ' time-honored principles of the Democratic 
party ' is all clap-trap and moonshine. There has been a 

based upon ihe power of money as a potent agent for conversion 
and reconciliation. But the operation of the convention proved this 
charge absolutely false, a fact which does not reflect pleasantly upon 
the Times. 

The Herald called for the following planks in the Democratic 
platform: acceptance of the amendments, payment of the nat onal 
debt according to the law, taxation of the bondholders on principles 
of equal rights. 

^ New York Herald, July 3, 1868. ^ Ibid. 

'New York Tribune, July 4, 1868; New York World, July 3, 1868; 
New York Sun, July 3, 1868. 



334 POLITICAL HISTORY OF NEW YORK STATE [334 

deluge; the face of the political world is changed. There 
has been a great revolution. We are entering upon a new 
epoch. Old things must be done away with, and the De- 
mocracy must keep pace with the march of events or they 
will be broken up, routed and scattered to the winds." ^ 

The convention assembled on July 4, 1868, in the new 
Tammany wigwam on East Fourteenth Street, which with 
its gala trappings and at that time distinctive proportions, 
made a picture which might well have pleased delegates 
and citizens alike. Perhaps the latter would not have en- 
joyed the spectacle so much had they realized that Republi- 
cans and Democrats alike had unknowingly contributed to 
its erection.^ Many of the delegates as they gathered on 
this Fourth of July considered it a day which would mark 
a new political epoch. The road appeared to divide in 
two directions, one leading under Chase to victory and a 
political revolution, the other under Pendleton either to the 
disruption of the convention and the party, as at Charleston 
in i860, or to a crushing defeat at the polls. One Eastern 
delegate, General John L. Swift, naval officer at Boston, de- 
clared before the convention met that the nomination of 
Pendleton would practically turn the convention into a 
Grant ratification meeting.^ This sentiment, while perhaps 
extreme, gives an approximate idea as to the Eastern Demo- 
cratic attitude towards Pendleton. 

Mr. August Belmont, chairman of the Democratic na- 
tional executive committee, called the convention to order 
at 12:15, Saturday, July 4th. In a short speech he pro- 
posed Mr. H, Palmer, of Wisconsin, as temporary chair- 

* New York Herald, July 3, 1868. The Brooklyn Eagle, the Kings 
County organ of the Democrats expressed the same idea editorially. 
Cf. New York Herald, quotation, July 4, 1868. 

^ Gustavus Meyers, History of Tammany Hall, passim. 

» New York Herald, July 4, 1868. 



335] NATIONAL NOMINATING CONVENTIONS 335 

man of the convention, who was received with cheers and 
made a brief address pleading for harmony. The prelimi- 
nary test of strength came over the adoption of a resolu- 
tion offered by General McCook, of Ohio, which called for 
the use of the rules of the House of Representatives during 
the temporary organization. After considerable sparring 
between General McCook, Governor Richardson, of Illi- 
nois, Francis Kernan, of New York, " Sunset " Cox, of 
New York, Erastus Brooks, of the New York Express, and 
Mr. Green, of Indiana, the resolution was modified so as to 
call for the house rules in use before i860, plus an amend- 
ment which called for the rules which governed the last 
Democratic National Convention.^ The amendment and 
resolution were then carried,' to the chagrin of Pendleton's 
supporters, who had hoped to nominate him on a simple 
majority. The appointment of committees was the only 
other business of importance on the first day. The adjourn- 
ment was taken until ten o'clock on the following Monday, 
with the evident hope on the part of all that the excessive 
hot wave ^ which existed would sufficiently melt the dispo- 
sitions of the belligerent delegates, so that the work of the 
convention might be brief. 

Over Sunday the Herald and the Sun continued to advo- 
cate Chase, publishing quantities of letters from the South 
and West tending to show that he was the people's choice.* 
However, the press elsewhere was beginning to voice a sen- 

' New York World, July 5, 1868; New York Sun, July 6, 1868. 

* The cause of the trouble was the question of the two-thirds rule, 
which was finally accepted on the matter of voting for the Presidency. 
The Pendleton men were opposed, having hoped to avoid the two- 
thirds rule in the permanent organization, by paving the way with a 
simple majority rule in the temporary organization. 

' Thermometer was at 90° in shade. 

* New York Herald, July 5, 1868; New York Sun, July 4, 1868. 



336 POLITICAL HISTORY OF NEW YORK STATE [336 

timent among the delegates which boded ill for Chase. The 
Toledo (Ohio) Blade doubted whether Chase would even 
receive a complimentary vote and stated that if Pendleton 
were defeated, the Western men would defeat Seymour 
and thus force another Polk or Pierce/ 

Pendleton found it difficult to hide his light under a 
bushel. Banquo's ghost would appear. Lest the delegates 
should forget, choice bits of Pendleton's speech in Congress 
in 1 86 1 on the Crittenden Resolution ^ were furnished by 
the papers.* A morsel follows : 

If these Southern States cannot be consolidated, and if you 
gentlemen cannot find it in your heart to grant their demands — 
if they must leave the family mansion — I would signalize their 
departure by tokens of love ; I would bid them farewell so 
tenderly they would forever be touched by the recollection 
of it. . . .* 

Monday morning found the excitement on the increase. 
After a delegation from the Workingmen's Convention 
were given seats on motion of General Morgan, of Ohio, 
Mr. Clymer, from the committee on permanent organiza- 
tion, reported Horatio Seymour for president. Among the 
vice-presidents, one for each State, the name of William 
M. Tweed, of New York, shone with particular brilliancy. 

^ Toledo Blade, editorial quoted in New York Herald, July 5, 1868. 

* Senator Crittenden, of Kentucky, advocated by, 
' New York Herald, July 5, 1868. 

* New York Herald, July 5, 1868. Other items from this address 
were: "Sir, you will not collect one dollar of revenue — not one 
dollar [from the seceded States]. Sir, the whole scheme of 
coercion is impracticable. It is contrary to the genius and spirit 
of the constitution. If the federal government had the physical 
power it might overrun and subdue a State; it m'ght subjugate and 
take possession of it, and then by federal agents, administer the 
State government — but it would not be the government of this con- 
stitution." 



337] NATIONAL NOMINATING CONVENTIONS 337 

Governor Seymour was escorted to the chair by Gover- 
nor Bigler, of Pennsylvania, and Governor Hammond, of 
South Carolina. The ensemble must have been pleasing, 
one from the hot-house of secession and state rights, an- 
other from the home of Radicalism, and the third, the 
chief of anti-war Democrats. Seymour's address disclosed 
nothing new. The burden of it was to urge patriotism, as 
against sectionalism, in party conventions. His text might 
well have been the Biblical doctrine, " Judge not that ye be 
not judged." Yet, Radicalism must be denounced, repudia- 
tion of the national debt was heresy, and a strict interpre- 
tation of the constitution the only protection against mili- 
tary absolution.^ Seymour's popularity was manifested 
by the almost constant applause with which his address was 
received. The remainder of the morning session was con- 
sumed with the reception of resolutions which were referred 
to the committee on resolutions.^ 

Upon the adjournment of the convention on the second 
day without either a platform or a candidate, those whoi 
had been working for harmony apparently realized the end. 
The convention appeared to be in a fog.^ The failure of 

' New York World, July 7, 1868. 

* A lengthy resolution was received and read, to the amusement 
of the convention, from Elizabeth Cady Stanton, Mrs. Horace 
Greeley, Susan B. Anthony and Abby Hopper Gibbons, central com- 
mittee for the Woman's Suffrage Association of America. 

' New York World, July 6, 7, 8, 1868. In keeping with the pro- 
cedure at the Chicago Convention, the Soldiers' and Sailors' of 
Democratic persuasion held a convention in New York City at the 
Moffat Mansion, Union Square, on Monday, July 6th. General 
Franklin, of Connecticut, was chairman.. The main business of this 
convention was to draw up an address to the National Convention. 
This address was a violent arraignment of the Radicals and urged 
greenbacks for the bond-holders. Generals Slocum, Gordon Granger, 
Thomas Ewing and J. A. McClernand acted as a committee to ad- 
dress the National Convention. 



338 POLITICAL HISTORY OF NEW YORK STATE [338 

Pendleton's supporters to force the issue upon the even- 
ing of the first day or upon the morning of the second day, 
when they were by far the strongest, gave their disorgan- 
ized opponents opportunity to unite which meant defeat for 
Pendleton.^ Already, before any results had accrued, the 
finger of reproach was being pointed towards the New 
York delegation. The game as they played it was natur- 
ally not discovered in all its details until the convention 
had adjourned. However, on Monday it looked as if San- 
ford E. Church, who had sprung Tammany's clever coup 
d'etat on the unsuspecting convention of 1866," would be 
played by the New York delegation for the Presidency, ap- 
parently to displace Chase, but in reality to take attention 
away from Seymour until the proper time for him to 
stampede the convention. 

The Herald contemptuously spoke of Church as a "coun- 
try lawyer and Albany accountant." ^ He was, neverthe- 
less, a man of considerable ability, young, ambitious and 
probably honest as politicians go. He later was rewarded 
by Tammany with the chief judgeship of the New York 
Court of Appeals. His candidacy appeared serious only 
because of the strength of the New York delegation and 
the known possibilities of a stampede. The World, while 
claiming to stand for no candidate, gave Church's candi- 
dacy strong support, in view of the apparent unavailability 
of Seymour. It urged that the only objection which could 
be raised against Church was his lack of a national reputa- 
tion. This, it pointed out, was more than overcome by his 
pre-eminent abilities.* 

On Monday before any ballots had been taken the Her- 

1 New York 5mm, July 6, 1868. 

2 Cf. supra, ch. iv, p. 102 et seq. 

» New York Herald, July 7, 1868. 
* New York World, July 6, 1868. 



339] NATIONAL NOMINATING CONVENTIONS 339 

aid, to all intents, admitted that its efforts for Chase in 
behalf of Democracy had been futile/ 

The truth is, the New York democracy have broken faith with 
the conservative masses, and have shown themselves to be 
without intelligence to grasp the situation or courage to indi- 
cate their own position. Beginning with Hoffman, and con- 
tinuing on through Seymour and Belmont down to poor 
Church, they are all ignorant of the great lessons of the past 
eight years, butting their copperheads against the idea that the 
war was unconstitutional, that Lincoln was unconstitutional, 
that Congress was unconstitutional, and that there is nothing 
in strict conformity with the constitution except Jeff. Davis, 
General Lee, poor Pierce, and the old democratic organization, 
embracing Tammany Hall and the Albany Regency. . . . They 
do not recognize the fourteenth amendment, as the people de- 
manded they should, nor do they properly denounce the bar- 
barism, brutality and degradation of negro political and social 
equality in the Southern States. They are bold only in cheat- 
ing and rascality, and timid where courage is a virtue. The 
result will be that after exposing their own weakness and 
cowardice, they will become parties to a platform as unmean- 
ing as that of the mongrel Chicago Convention, and to a nomi- 
nation that will be miserably beaten in every state in the 
Union. ^ 

The third day's proceedings of the convention were 
marked by the adoption of the platform.® This, it appears, 
received the unanimous support of the committee, but not 
until serious differences of opinion had been overcome. 
The first and second planks of the platform called for the 

^ New York Evening Post, July 9, 1868. Strange as it may seem the 
Evening Post appears to have beHeved that the New York delegation 
was using Church as a stalking horse, while it really planned to 
nominate Chase. 

* New York Herald, July 7, 1868. 

» New York World, July 8, 1868. 



340 POLITICAL HISTORY OF NEW YORK STATE [340 

immediate restoration of all states to their rights in the 
Union, amnesty for all political offenses and the regulation 
of the franchise in each State by its respective citizens. In 
the next four resolutions the following points were advo- 
cated: the payment of the public debt, as rapidly as pos- 
sible, with all funds drawn from the people ; equal taxation 
of every kind of property, including public securities and 
government bonds ; one currency for all ; and economy in 
the administration of the government. Under the head of 
economy demands were made for a reduction of the army 
and navy, for the repeal of enactments recalling the State 
militia into the national forces in time of peace, a tariff for 
revenue only, abolition of the industrial modes of assess- 
ing and collecting internal revenue and the abolition of the 
Freedman's Bureau and other political instrumentalities de- 
signed to secure negro supremacy. The seventh plank 
urged reform of abuses in administration, the subordina- 
tion of the military power to the civil power, the expulsion 
of corrupt men from office and the return to the ancient in- 
dependence of the judicial and executive departments of 
the government. The eighth and last resolution declared 
for the equal rights and protection of naturalized as well as 
native-born American citizens at home and abroad. 

In conjunction with these resolutions the Republicans 
were impeached for the violation of their Congressional 
pledge to pursue the War for the sake of the Union, not 
for party aggrandizement. The nullification of the right 
of trial by jury, of habeas corpus, of the freedom of speech 
and of the press, of the presidential constitutional power 
of appointment, and the institution of arbitrary seizures 
and star-chamber methods, were chief among the articles 
of impeachment charged against the Republican party. 
The platform when presented to the convention was re- 
ceived in to to with the usual enthusiasm.^ 

» New York World, July 8, 1868. 



341 ] NATIONAL NOMINATING CONVENTIONS 341 

Before proceeding to ballot, Seymour ruled that, un- 
less objections were at hand, the i860 rule would be fol- 
lowed, i. e., no nomination until a vote equal to two-thirds 
of the vote of the electoral college had been cast for a candi- 
date.^ It required twenty-two ballots to select the candi- 
date for President. Chase hardly figured in the balloting. 
The names of Hendricks, Hancock and Pendleton proved 
to be the fighting centers. On the eighth ballot New York 
began to show its hand by dropping Church and voting 
solid for Hendricks, for whom it continued to vote until 
the twenty-second ballot. It would seem, viewed in the 
light of later events, that the New York delegation, after 
seeing the futility of using Church for the purpose, hit upon 
Hendricks as a candidate of sufficient strength to balk the 
nomination of another until, the convention having become 
weary, the psychological moment arrived to bring forth its 
real candidate, Horatio Seymour. On the fourth ballot 
Seymour's name had been proposed, but he absolutely re- 
fused to permit its use. But on the twenty-second ballot 
Ohio started a landslide for Seymour by giving him its 
solid vote.^ Seymour again refused to permit the use of 
his name. However, the tide was too strong to be stopped. 
The final result of the twenty-second ballot gave Horatio 
Seymour every vote of the convention, 317. 

Due to the protracted struggle over the Presidential 
nomination all hands appeared anxious to end the conven- 
tion, hence the nomination of a vice-president gave 
little trouble. When the name of General Francis P. 
Blair,^ of Missouri, was proposed, the popular chord of the 

1 New York World, July 10, 1868; New York Tribune, July 10, 1868. 

» New York World, July 8, 1868. It was claimed that Tilden 
through a bargain with certain leading members of the Ohio dele- 
gation induced it to lead the movement for Seymour. See Alexander, 
A Politkal History of the State of New York, vol. iii, p. 203. 

' General Blair did good service in the field under Grant around 



342 POLITICAL HISTORY OF NEW YORK STATE [342 

convention seemed to be touched and his election was made 
unanimous at the end of the first roll call/ 

Seymour accepted the nomination on the following even- 
ing. He stated to the meeting that he found himself un- 
able to resist " the overwhelming tide that is bearing us on 
to a great political change." ^ Samuel J. Tilden was ac- 
cused of having conspired to nominate Seymour from the 
start. Tilden, however, wrote a letter denying the frequent 
imputations that he was responsible for Seymour's nomi- 
nation, although admitting that he would have been glad 
of it had the nominee been willing.^ An interesting side 
light is thrown by Gideon Welles on Tilden's part in the 
nomination of Seymour, which affords a possible clue to 
Tilden's course in the convention. Welles wrote: 

Blair tells me that Samuel Tilden wanted to be the candidate 
of the Democrats for President. It is hardly credible, and yet 
in that way, better than any other, can his conduct and that 
of the New York Democratic politicians be accounted for. He 
and they had professedly no candidate — could name none — 
were, while holding the reins, as meek in their professions as 
Uriah Heep, waiting for others to move, and similar silly 
pretensions were made when the country was in agony.* 

The Chief Justice must have felt truly grateful to the 

Vicksburg and under General Sherman on his march to the sea. 
Blair's military career was at the outset threatened, due to his trouble 
with General Fremont when the latter commanded the Department 
of Missouri. Blair came from pure Democratic stock, but he had 
acted with the Republicans and Unionists from 1854 to the death of 
Lincoln from which time he had followed a fitful course. 

' Other names proposed were General McClernand, General Thomas 
B. Ewing and Hon. A. K. Dodge, of Iowa. 

* New York Herald, July 11, 1868. 

'John Bigelow, The Life of Samuel J. Tilden, vol. i, pp. 211-212. 

* The Diary of Gideon Welles, vol. iii, p. 446. 



343] NATIONAL NOMINATING CONVENTIONS 343 

convention for its kind remembrance. A curious chapter 
on Chase developed Thursday, July 9th, the last day of the 
convention. On that morning Samuel J. Tilden called a 
meeting of the New York delegation.^ Horatio Seymour 
was present and strongly advocated turning the sup- 
port of New York from Hendricks to Chase. In this 
he was bitterly opposed by State Senator Murphy, 
of Brooklyn, who defied Seymour to name any States 
that Chase would carry. Seymour stated that he had 
consulted with various of the western and central 
delegations of the State before making his appeal for 
Chase. Murphy was forced to dodge the question when 
Seymour asked if his home city, Brooklyn, would not sup- 
port Chase. The four district delegates from Brooklyn 
stood for Chase. General John A. Green, of Onondaga, 
also opposed Chase, but Seymour discounted his opposition 
by showing that Onondaga never gave a Democratic ma- 
jority. On the vote Senator Murphy and General Green, 
aided by Albany Democrats, were able to poll 27 votes 
for Hendricks; but Seymour, aided by Peter B. Sweeny 
and the solid New York City delegation, except John Mor- 
rissey, who favored Pendleton, went for Chase, giving him 
36 votes. It was thus agreed that the name of Chase 
should be placed before the convention that morning at the 
earliest possible moment. Precisely why this was not done, 
does not appear. The failure to present Chase's name may 
possibly be accounted for by the violent opposition with 
which it was received by General McCook, of the Ohio 
delegation when sounded on the matter. A minority of the 
Ohio delegation, including Vallandigham, however, agreed 
to stand by Chase, as did a considerable number of the 
Pennsylvania delegates. It would seem that this antici- 

* New York Herald, July 10, 1868. Cf. New York Evening Post, 
July 9, 1868; Cf. New York Times, July 9, 1868. 



344 POLITICAL HISTORY OF NEW YORK STATE [344 

pated move in favor of Chase on the part of New York 
had a direct bearing on the action of Ohio in attempting to 
stampede the convention for Horatio Seymour. We are 
led to believe there was constant double dealing on the 
part of the New York delegation. Certainly that was the 
distinct opinion which prevailed among the Southern and 
Western delegates.^ 

The New York Herald was inconsolable over its failure 
to nominate Chase. It continued to think that the majority 
of the independent thinking men favored Chase and that 
the nomination of Seymour was the result of trickery at 
the hands of Tammany and the Albany Regency.^ The 
nomination of Seymour gave Grant the election ipso facto.^ 
Although there had been a strong movement on foot to 
obliterate the old party lines and combine the several con- 
servative elements against Radical misrule, the nomina- 
tion of Seymour, thought the Herald, resolved the contest 
into a choice between those who had stood for Union and 
those who had supported disunion.* 

The World cordially indorsed the financial part of the 
Democratic platform as it did the portion relating to negro 
suffrage and Radical Reconstruction. But it called the tariff 
plank of the platform a muddle. It failed to see under the 
wording of the platform — " a tariff for revenue upon for- 
eign imports and such equal taxation under the internal 
revenue laws as will afford incidental protection to domestic 
manufactures " — how internal taxes were to protect with- 
out discriminating.^ Regarding the nomination of Sey- 

^ New York Times, July 9, 1868 ; New York Evening Post, July 9, 
1868; New York 5mm, July 10, 1868. The Sun spoke of Pendleton's 
being crowded from the field as illustrative of a " system of tactics 
that has hardly a parallel in the annals of party warfare." 

» New York Herald, July 10, 1868. » Ibid. 

* Ibid., July II, 1868. 

« New York World, July 8, 1868. 



345] NATIONAL NOMINATING CONVENTIONS 345 

mour and Blair, the World waxed enthusiastic. First, Sey- 
mour was the greatest statesman of the Democratic party; 
secondly, he had a strong grasp on the questions which re- 
lated to the strengthening of the national finances; and 
lastly, he had always been such a thorough and consistent 
Democrat, and his party popularity and influence were so 
great, that he alone possessed the requisite moral weight 
to adapt Democracy to the altered condition of the country/ 

Assuming for the moment that Seymour had been elected 
in 1868, the logic which the World used in explaining its 
opposition to Chase appears sound. Had the Chief Justice 
been elected he would have been regarded as a renegade by 
the Senate, and the Democrats would have distrusted him 
as a Radical. Had he dared to make the necessary conces- 
sions to the Radicals, the party which had elected him 
would have thought him false to his principles.^ Seymour, 
even though he had advocated the nomination of Chase, 
had been such a staunch unswerving Democrat that any 
concession he might make would be accepted by his fol- 
lowers as a necessity, rather than an evidence of partiality 
or a sign of falsity. 

But Charles Dana could not see the force of this 
logic. On July ist, Chase had issued his final declaration 
of principles which embodied States rights, suffrage to all 
citizens regardless of race, all disabilities to be removed 
from the South, and sound money.^ Pointing to this plat- 
form and to the character of Chase, Dana felt obliged to 
confess that the doctrine and the man were " considerably 
in advance of the old-fogy Democracy of the present day."'* 
To Dana, Chase appeared as " a great, progressive states- 

1 New York Herald, July 10, 1868. 
» New York World, July 10, 1868. 
* New York Sun, July 7, 1868. See platform. * Ibid. 



346 POLITICAL HISTORY OF NEW YORK STATE [346 

man " who had been rejected by the Tammany Hall con- 
vention because of his Radical associations. The vast ac- 
cession of strength which Chase would have brought from 
the Radical party, would be realized by the Democrats too 
late.' 

The Pendletonites attempted to cover up their chagrin 
after the nomination of Seymour by making public a letter 
written on June 25, 1868, by Mr. Pendleton to Washington 
McLean, proprietor of the Cincinnati Enquirer, prior tO' 
the latter's departure for the convention. In this letter Mr. 
Pendleton professed to feel that Seymour was the fore- 
most man in the Democracy. " I would rather trust him 
than myself with the delicate duties of the next four years 
. . . Make him feel . . . that I am ready — anxious to give 
up the nomination to anybody who can get one single vote 
more than myself." ^ This letter may have been written 
for the exact purpose which it served; a more charitable 
view, such as the World took,^ makes the letter an honor to 
Pendleton. But as the game of politics is played, one must 
beware of political letters, even under the guise of personal 
correspondence. How convenient it is to have every pos- 
sible avenue guarded by a letter which is calculated to serve 
a definite contingency. 

Seymour " is the fair representative of the average sen- 
timents of the Democracy upon all the leading issues of 
the canvass," was the best the Sun had to offer, although it 
admitted his distinguished position in the party and his 
popularity east of the Alleghenies.* General Blair was 
characterized as a man of fair talents and great force of 

1 New York Sun, July 7, 1868. 
»New York Herald, July 10, 1868. 
» New York World, July 10, 1868. 
* New York Sun, July 10, 1868. 



347] NATIONAL NOMINATING CONVENTIONS 347 

character, who in his recent letter had placed himself on 
higher grounds than the Democratic platform/ but " in 
politics unsound, extreme and violent ".^ 

This was the attitude the Evening Post assumed on 
Blair,^ while it considered Seymour the creature of ad- 
visers, for the most part bad advisers. The Democrattc 
platform set the two parties in fair open opposition upon 
the principal questions before the country, i. e., the ques- 
tion of Reconstruction and the question of the payment of 
the debt.* The Evening Post saw in the financial plank of 
the Democratic platform, repudiation, which was calcu- 
lated to carry the supporters of Pendleton and in addition 
win over the Butler faction of the Radical party which 
was out of accord with Grant and Radical principles.^ 

There was no ambiguity in the succinct sentences of the 
Democratic platform on the financial question, thought the 
Times; the principles were those of which Pendleton was 
the exponent. While the Times advocated no candidate 
for the Democrats at any time, it was obvious that it 
thought Chase would make the strongest run against Grant 
After matching Seymour's war record with that of Grant 
and pointing to Blair's revolutionary letter, the Times con- 
cluded that the candidates and ticket inspired no apprehen- 
sion of success.^ The attitude of the Tribune on the Demo- 
cratic candidates and platform was similar to that of the 
Times, though naturally sharper. Horace outdid himself 

1 New York Sun, July 10, 1868. 
Ubid., July II, 1868. 

'New York Evening Post, July 11, 1868. 
* New York Evening Post, July 10, 11, 1868. 

^ See New York 5mm, July 8, 1868, for a comparison of the Dem. 
and Rad. Nat. platforms. 
« New York Times, July 10, 1868. 



348 ,POLITICAL HISTORY OF NEW YORK STATE [348 

in reviewing Horatio's past.^ But Greeley was outdone by 
Theodore Tilton, who was extremely unpleasant in his re- 
marks on the platform and candidates. Rebellion was in 
the air — for proof see the Democratic platform." Tilton 
took occasion to disagree with the general view that Sey- 
mour's nomination was the result of underground machin- 
ations on the part of the New York delegation. He main- 
tained that Seymour's refusal to run was sincere. This, 
Tilton sympathetically explained, was due to signs of a 
gradually approaching insanity. Also, the New York dele- 
gation was sincere in its failure to advance Seymour, who 
was simply hit by lightning under the deft manipulations of 
General McCook. Pendleton was the real power of the 
convention, being sufficiently strong to block the candi- 
dacy of any other man and strong enough to give the 
nomination to anyone he chose; hence Seymour was his 
candidate, the platform being Pendleton's on its face. 
" Chase was on everyone's lips but in no one's heart," ^ was 
the sole comfort Tilton had for his quondam candidate. 

The line of comment of the up-State Radical papers was 
perhaps more scathing than that adopted by the city jour- 
nals. " The attitude assumed by the Democratic party is a 
fearfully fatal one. . . Never did a party fling away so 
glorious an opportunity. . . . the Democratic party is im- 
bedded in political iniquity," sums up the Evening Jour- 
nal's comment on the convention. The Utica Morning 
Herald declared that the " Artful Dodger " himself would 

* New York Tribune, July 3-11, 1868, cf. loth. 

2 The Independent, July 16, 1868. Tilton's opening shot on 
the results of the Democratic convention follows: "Audacity, vio- 
lence, and revolutionary frenzy blew their breath so furiously through 
the scrannel-pipes of Tammany that already the whole land rings 
with the echo." 

^ The Independent, July 16, 1868. 



349] NATIONAL NOMINATING CONVENTIONS 349 

have found it difficult to pen a more dubious document. 
" It is the attempt of a set of hungry, cunning and unscru- 
pulous politicians to overreach and head off each other, . . 
at the same time struggling to conceal the fact of their 
mutual hatred." ^ Carroll E. Smith termed the declaration 
of principles as honest and manly but at the same time out- 
rageous and disgraceful.^ The Syracuse Daily Standard 
contented itself with pointing out the inconsistencies be- 
tween Seymour's public addresses before the convention 
and the Democratic platform. The most glaring incon- 
sistency was Seymour's statement that the payment of the 
debt would fall on the future generations, while the plat- 
form stood for payment of the debt as rapidly as was prac- 
ticable.* The Rochester Daily Democrat * and the Buffalo 
Express ^ found the Democratic National Convention a 
medley of exploded ideas, dogmas, platitudes and fallacies, 
with the Copperheads in control. 

But from a close examination of the up-State Democratic 
journals one fails to find aught but joy over the results of 
the Democratic National Convention. " He is the man for 
the crisis," said the Argus.^ The Utica Daily Observer 
considered Seymour the natural candidate, being the wisest 
before, during and after the war.^ It remained, however, 
for Mr. W. W. Green, editor of the Courier and Union, to 
express adequately the Democratic exuberance. " With 
that joy with which a bridegroom clasps his newly-wedded 
bride, with that joy with which the Pilgrims of old, toiling, 

^ Utica Morning Herald, July 9, 1868. 
' Syracuse Daily Journal, July 9, 1868. 
' Syracuse Daily Standard, July 11, 1868. 

* Rochester Daily Democrat, July 9, 1868. 
^Buffalo Express, July 9, ir, 1868. 

* Albany Argus, July 10, 1868. 

■' Utica Daily Observer, July 10, 1868. 



350 POLITICAL HISTORY OF NEW YORK STATE [350 

weary and footsore, first beheld the New Jerusalem, with 
that joy with which poor weak humanity clings to its 
Saviour for support, we, an overburdened, oppressed and 
weary people, groaning under the sweat of a load of indig- 
nities, long since too heavy to be borne, proclaim to-day as 
our standard bearer in the great coming contest of liberty, 
justice and freedom, with oppression, injustice and inhu- 
manity, the name of Horatio Seymour, the frank, fearless, 
candid, self-denying man, the bold, intrepid leader, the emi- 
nent scholar, and the distinguished statesman of the Empire 
State." ' 

^ Syracuse Daily Courier and Union, July 10, 1868. 



CHAPTER XII 
The State Conventions of New York in 1868 
the republican state nominating convention 

Due to the overshadowing of the greater Democratic 
National Convention which was in session at the time, the 
RepubHcan State Nominating Convention which met at 
Syracuse on Wednesday, July 8, 1868, excited little inter- 
est among the papers or the people at large. Although 
Fenton's defeat in the National Republican Convention of 
the previous May was sufficiently prominent to disturb the 
State convention, in reality the latter convention was little 
more than a ratifying body for the former. Nevertheless, 
since the major State officers were to be nominated, a cer- 
tain amount of serious attention was devoted by the leaders. 

Among the more prominent in attendance were John L. 
Parker, of Cayuga; Judge Robertson, of Westchester; 
Hamilton Harris, Judge Low, Chauncey Depew, General 
Merritt, General Cochrane, Ben Field, Waldo M. Potter, 
J. W. Kimball, of Franklin; C. W. Godard, Senators Chap- 
man, Hale and Palmer, Waldo Hutchins, Charles Spencer 
and Thayer Francis, of the Troy Times. Horace Greeley 
was not in attendance, but sent up John Russell Young, of 
the Tribune office, to represent his interests. 

The delegates to the State convention came for the most 
part uninstructed and appeared to be far from zealous in 
anyone's interest. The leading candidates for Governor in- 
cluded the names of John A. Griswold, of Troy; Lyman 
Tremaine, of New York; Marshall O. Roberts, of New 
351] 351 



352 POLITICAL HISTORY OF NEW YORK STATE [352 

York; Charles H. Van Wyck, of New York; Stewart L. 
Woodford, of Kings, and Horace Greeley. Greeley fur- 
nished the surprise of the convention, turning up at the 
eleventh hour as a candidate for the governorship. His 
friends were led by Governor Fenton, who controlled 
the convention. The candidacy of Greeley considerably 
disturbed conditions, for most of the country delegates had 
decided upon Griswold or Tremaine, with chances favoring 
the former. For the other offices the competition was not 
keen and the slate was unsettled. Mr. Van Wyck in a 
letter dated July 7th, addressed to the Hon. E. M. Madden, 
declined to run for Governor, reducing the candidates to 
five. 

Hamilton Harris, chairman of the State committee, 
called the convention to order at noon on the 8th. On 
motion of Mr. E. M. Madden, of Orange, Mr. Henry 
Smith, of Albany, was made temporary chairman. The 
preliminary organization of the convention then followed 
and produced the annual split between the New York City 
Radicals and Conservatives. It would appear, however, 
that the Twenty-third Street organization had acquired wis- 
dom. It sent no contesting delegation, but did send a com- 
mittee to ask for a reorganization.^ Mr. Younglove moved 
that a committee composed of Messrs. Joseph H. Ramsey, 
J. C. Bancroft Davis, Walter L. Sessions, Mathew Hale, 
C. M. Demson, Roswell Hart and C. H. Chapman be ap- 
pointed to hear the facts on the trouble between the rival 
New York City delegations and report to the convention 
as soon as practicable. This was strenuously opposed by 
Charles Spencer, leader of the Radical faction from the 
City. He objected to the resolution taking the naming of 
the committee away from the chair, and especially to the 
name of Mathew Hale, of Essex,- whom he accused of 

* New York Times, July 9, 1868. 



353] -^^^^^ CONVENTIONS OF NEW YORK IN 1868 ^53 

having done all in his power to thwart Governor Fenton's 
administration. Mr. Hale immediately replied, flatly deny- 
ing Mr. Spencer's charge and refusing to serve on the com- 
mittee. Mr. Sessions likewise declined to serve. For a 
time it looked as if the first day of the convention would 
be entirely given up to a settlement of the New York feud. 
Attempts by Waldo Hutchins and Mr. E. M. Madden to 
side track the controversy failed. But Mr, A. X. Parker 
succeeded in having a resolution passed which called for a 
committee of two from each judicial district except the 
first. This committee ^ was instructed to report at the next 
State convention. After announcement of the committees 
the convention adjourned until 3 :30 P. M. 

At the afternoon session the rules of the last assembly 
were adopted upon motion of Chauncey Depew. For per- 
manent president, General John Cochrane was reported by 
General Gates of the committee on permanent organiza- 
tion. No opposition developed and General Cochrane was 
nominated. The committee on contested seats reported 
adversely to the contestants in each case. But one import- 
ant item of business now intervened between the real busi- 
ness of the convention. A resolution was offered and 
adopted,^ after an attempt had been made to place it upon 
the table, which aimed to equalize the representation in 
future Republican State conventions. It provided that 
there should be one additional delegate from each assembly 
district and one additional delegate from said district for 
every 1,500 voters or fraction of 1,500 over 750.^ 

* Committee E. M. Madden, of Orange ; Thomas W. Jackson, of 
Albany; A. X. Parker, of St. Lawrence; T. W. Dwight, of Oneida; 
Norwood Bowne, of Delaware; Lewis E. Smith, of Livingston; and 
Norman Allen, of Cattaraugus. 

' By a vote of 208-152. 

' New York Tribune, July 9, 1868. 



354 POLITICAL HISTORY OF NEW YORK STATE [354 

On motion of Charles Spencer, of New York, the con- 
vention moved to an informal ballot for Governor. Mr. 
George W. Demers, of Rensselaer, briefly but warmly 
nominated John A. Griswold, of Troy; the nomination was 
seconded by Mr. Hart, of Monroe. Mr. Blank proposed 
the name of Lieutenant-Governor Stewart L. Woodford. 
The third and last nomination was made by Chauncey M. 
Depew, who in placing the name of Horace Greeley before 
the convention referred to him as towering above all other 
men in the Republican party in point of intellect and ser- 
vices.^ Charles S. Spencer seconded Greeley's nomination. 
Depew's eulogy of Greeley elicited a storm of applause 
which contrasted strongly with the number of ballots which 
Greeley received. Was Greeley led into an ambuscade as 
many of his friends claimed? The question arises as to the 
motives of Depew and Spencer in their support of Greeley 
at this time, both having previously suffered from Greeley's 
caustic pen. Two answers suggest themselves : that it 
was part of a plan to pass the Republican state control to 
New York City; or, what is more credible, that it was a 
patriotic effort to support a man who was in their opmion 
best qualified for the office. We leave the question. The 
informal ballot gave Griswold 247, Greeley 95, and Wood- 
ford 36 votes. Immediately the nomination of Mr. Gris- 
wold was made unanimous. 

For lieutenant-governor, Alonzo B. Cornell, of Ithaca, 
was placed in nomination by Mr. Selkreg, of Tompkins. Mr. 
August Frank, of Wyoming, and Gen. Franz Sigel also 
were proposed, but on the first ballot Alonzo B. Cornell re- 
ceived 219 votes to 88 and 6 for Mr. Frank and Gen. Sigel 
respectively. Mr. Cornell's nomination was then made 
unanimous. Mr. Alexander Barkley, of Washington, was 

1 New York Herald, July 9, 1868. 



355] -^^^^^ CONVENTIONS OF NEW YORK IN 1868 ^^S 

nominated for canal commissioner by acclamation. Colonel 
Edward Lansing, as chairman for a subcommittee from 
the Soldiers' Organization was presented and as a repre- 
sentative of that body requested the nomination of Hon. 
Henry A. Barnum as candidate for inspector of State 
prisons. His request was granted by acclamation. Charles 
S. Spencer then proposed Colonel Lansing as the candidate 
for clerk of the Court of Appeals, but the motion to substi- 
tute the name of Campbell H. Young was carried by a vote 
of 201 to 27, and the nomination made unanimous. For 
electors-at-large, Mr. William R. Stewart, of the com- 
mittee to select electors-at-large, reported the names of 
Marshall O. Roberts, of New York, and Henry R. Seldon, 
of Monroe. The report was adopted but not before an at- 
tempt was made to substitute the name of Horace Greeley 
for that of Roberts. The adoption of the resolutions and 
the report of the names of electors ^ and the members of 

' Electors reported by the respective Congressional Delegations. 
1st District — George W. Curtis 17th District — William C. Brown 



2nd ' 


Jacob Worth 


i8th 


George S. Batchellar 


3rd 


E. A. Steedwell 


19th 


James H. Graham 


4th 


Samuel S. Wyckoff 


20th ' 


Morris Winslow 


5th ' 


Moses H. Grinnell 


2ISt ' 


Patrick C. Costello 


6th 


Charles S. Spencer 


22nd ' 


Robert Stewart 


7th 


Alex. T. Stewart 


23rd 


Edward B. Judson 


8th 


Frederick Schuetz 


24th 


H. H. Guthrie 


Qth 


H. C. VanVorst 


25th 


Samuel Jane 


loth 


Ambrose L. Rider 


26th 


Charles M. Titus 


nth 


Elisha P. Wheeler 


27th 


Horace Bemis 


1 2th 


George Innis 


28th 


Edwin R. Reynolds 


13th 


Thomas Cornell 


29th ' 


Stoughton Pettibone 


14th 


Charles H. Adams 


30th 


M. Weidrick 


15th 


Geo. W. Demers 


31st " 


Norman M. Allen 


i6th 


Moses R. Piatt 







356 



POLITICAL HISTORY OF NEW YORK STATE 



[356 



the State committee ^ furnished the last item of the conven- 
tion's business. 

The platform was an echo of the Chicago platform.^ The 
Congress which had accomplished Reconstruction was 
ranked with that which had decreed the downfall of slav- 
ery. The soldiers and sailors were thanked for their sup- 
port of the Union and immediate payment of the bounties 
together with generous financial measures in their behalf 
were urged. A general reduction in the cost of administra- 
tion was demanded together with a return to specie pay- 
ment. The full payment of the national debt was urged as 
alone consistent with the national honor. Generous natur- 
alization and immigration laws should be enacted and the 
protection of the American law extended the world over 
to naturalized citizens no matter where born. General 
Grant and Schuyler Colfax were lauded, as was the admin- 
istration of Governor Reuben E. Fenton. 

The editorial opinion on the work of the Republican 



' The State Committee. 



1st District — J. B. Cooper 


17th District- 


-E. A. Merritt 


2nd ' 


S. B. Dutcher 


i8th 


H. M. Crane 


3rd 


' Benjamin Wilson 


19th 


L. Kinsley 


4th 


' Joshua G. Abbe 


20th 


E. R. Livingston 


5th ' 


' Waldo Hutchins 


2ISt 


L. Blakesley 


6th 


' Sinclair Toucey 


22nd 


B. G. Fort 


7th ' 


' Benjamin Merritt 


23rd 


James Terwilliger 


8th 


W. P. Esterbrook 


24th 


George J. Post 


9th 


Ira 0. Miller 


25th 


Thomas Hillhouse 


lOth 


' James W. Husted 


26th 


Thomas C. Piatt 


nth 


H. R. Low 


27th 


H. H. Hull 


1 2th 


' Cornelius Esseltyne 


28th 


Lyman M. Newton 


13th 


' Joshua Furro, Jr. 


29th " 


D.A.VanValkenburg 


14th 


' Hamilton Harris 


30th 


George G. Newman 


15th 


A. D. Wait 


31st 


Henry C. Luke 


i6th 


' Samuel Root 







' New York Times, July 9, 1868; New York Tribune, July 9, 1868. 



357] STATE CONVENTIONS OF NEW YORK IN 1868 357 

State convention was stereotyped. The Times pointed out 
the six years of successive service in the House with which 
Griswold was credited, also his extensive executive and ad- 
ministrative experience in connection with the large busi- 
ness interests with which he was connected at Troy/ His 
election was not a matter of doubt. Anticipating the Demo- 
cratic attack the Times attempted to minimize the fact that 
Griswold had been originally elected to Congress as a War 
Democrat, by showing that he had always acted with the 
Republican party in Congress.^ 

James Gordon Bennett refused to whitewash the weak- 
ness of the Radical State convention. He boldly stated 
that the convention was not calculated to inspire confidence 
in view of the irrepressible " cat and dog " row between 
the rival New York City factions. If the Democracy 
would nominate a proper candidate, Griswold and the entire 
ticket would be defeated by a larger majority than the Radi- 
cals of the previous year.^ 

If Horace Greeley was chagrined over the deceit prac- 
tised upon him and his consequent defeat in the Republican 
convention,' as we have the right to assume, not the slight- 
est trace appeared in the columns of the Tribune. " We 
believe this [Griswold] an eminently wise and fortunate 
selection. . . . He has never yet been defeated and he can- 

1 Head of a large iron manufactury, president of a bank and direc- 
tor in several railroads, factories and transportation companies. First 
rate business capacity, elegant agreeable manners, extensive connec- 
tions. New York Sun, July 9, 1868. 

* Nev^r York Times, July 9, 1868. 

• New York Herald, July 9, 1868. Incidentally the Herald found 
much amusement in the failure of Greeley to win the Republican 
nomination. New York Herald, July 10, 1868. 

The New York Times, July 9, 1868, was apparently sympathetic with 
Greeley in his ambuscade and rout, for it thought that the result 
would have been different had Greeley been there in person. The 
Nation thought likewise. July 16, 1868. 



358 POLITICAL HISTORY OF NEW YORK STATE [358 

not now be." ^ The Tribune further echoed the Troy 
Times, Griswold's home paper, which accredited to Gris- 
wold great personal as well as political popularity and re- 
markably apt executive and administrative abilities.^ 

The Evening Post gave a qualified assent to the nomina- 
tion of Mr. Griswold. It was inclined to believe that he would 
be of some positive good to the State if elected, were it not 
for the fact that the State constitution makes a figure- 
head of the Governor. The platform, although simply an 
echo of the Chicago platform, would not suffer, because the 
Democratic State platform would likewise ignore State 
matters in endorsing the New York platform.^ The Com- 
mercial Advertiser gave more attention to the Republican 
State convention than any of the other City papers. It 
believed that success was more certain under the leader- 
ship of Griswold than under that of any one else. But it 
took issue against the bad counsels that had prevailed at 
Syracuse. " Those eminently pure patriots, Charley Spen- 
cer and Waldo Hutchins ", were accused of having caused 
the disruption of the Republican ranks of New York City, 
producing a decrease of votes from 36,000 to 18,000.* 

The World editorially took but slight notice of the Re- 
publican State convention. It purported to consider the 
nomination of the opulent and amiable Griswold as a fair 
exchange for the Republican State campaign expenses. As 
for the platform it " cheers Fenton as he sails to glory on 
his mattress ; invites the general government to take an in- 
terest in the Erie. canal frauds; recognizes the corruptionists 

1 New York Tribune, July 9, 1868. 

' Troy Times, July 8, 1868. Quoted in New York Tribune, July 9, 
1868. 

* New York Evening Post, July 9, 1868. 

* Votes of 1864 and 1867. New York Commercial Advertiser, July 
9, 1868. 



359] STATE CONVENTIONS OF NEW YORK IN 1868 ^^^ 

of Congress as praiseworthy brethren of the Albany ring; 
and thanks the Rump for doing ' persistently and firmly ' 
all that it has utterly failed to do." ^ In its next issue the 
World began its campaign against Griswold by showing 
how he had voted in Congressional committee to profit at 
the expense of the government in connection with his gov- 
ernmental iron contracts.' The Sun refused to commit 
itself as to the wisdom of the selection of Griswold. It 
believed that Frederick A. Conkling,^ Horace Greeley or 
Marshall O. Roberts would have pulled stronger in the 
eastern counties of the State, where the Democrats could 
count upon a 100,000 majority.* 

Even more noticeable than the failure of the Republican 
State convention to arouse interest among New York City 
journals was the lack of interest displayed in it by the up- 
State papers. Among the Republican organs the Rochester 
Daily Democrat alone raised a voice of dissent to the nomi- 
nation of John A. Griswold. It thought that the wisest 
action for the convention would have been the nomination 
of Horace Greeley, but agreed to support Griswold as sec- 
ond best.^ Roberts contented himself with emphasizing 
the unanimity of the Chicago and Syracuse conventions as 
contrasted with the bitterness of the Democratic National 
convention then in session.® Of the Democratic up-State 
journals the Argus advanced the most noteworthy opinion; 
which was that Griswold was nominated by the aid of, and 
would be beaten by the Fentonites.'^ 

1 New York World, July 9, 1868. 
' Ibid., July 10, 1868. 

* Brother to Roscoe Conkling. 

* New York Sun, July 9, 1868. 

* Rochester Daily Democrat, July 9, 1868. 

* Utica Morning Herald, July 9, 1868. 
'' Albany Argus, July 13, 1868. 



360 POLITICAL HISTORY OF NEW YORK STATE [360 
THE DEMOCRATIC STATE NOMINATING CONVENTION 

The Democrats of the State according to the time-hon- 
ored custom waited until September before holding their 
State convention, which met at Tweedle Hall, Albany, Sep- 
tember 2, 1868. The convention assembled under unfavor- 
able auspices, for Vermont on the preceding day had given 
Grant and Colfax an emphatic indorsement/ This tended 
to dampen noticeably the ardor of the delegates ^ at Albany. 
The chief pre-convention interest centered around the rival 
delegations and candidates from New York City and 
Brooklyn. Supervisor Tweed led the Tammany forces for 
Hoffman while John Morrissey led the opposition Brooklyn 
delegation for State Senator Henry C. Murphy. 

Mr. Murphy was a politician of some note, having been 
mayor of Brooklyn, its corporation counsel, twice its repre- 
sentative in Congress and from 1856 to i860 the United 
States Minister to the Hague. From i860 he had sat in 
the New York senate, where he had advanced himself 
towards the governorship both in 1866 and 1868.^ Never- 
theless, the backers of Mr. Murphy appeared to have made 
little progress against Hoffman prior to the convention.* 
Their aim on the eve of the convention was to muster suf- 
ficient strength in order to force the nomination of a third 
man. 

In spite of the opposition of John Morrissey, who had 
been one of the main factors in forcing the nomination of 
Hoffman two years before, the opinion seemed to prevail 
that Hoffman beyond question would be renominated. In 

' New York Herald, Sept. 2, 1868. 

* Among the more prominent delegates present were : Samuel J. 
Tilden, Sandford E. Church, Senator Murphy, John A. Green, H. A. 
Nelson, H. S. Randall, Judge Garvin, Peter B. Sweeny and Judge 
Connolly. Governor Seymour was not in attendance. 

» New York Times, Sept. 2, 1868. 

* New York Sun, Sept. 2, 1868; New York World, Sept. 2, 1868. 



361] STATE CONVENTIONS OF NEW YORK IN 1868 ^51 

1866 the country delegates in the main had united against 
Hoffman and his Tammany supporters because he was 
backed by Morrissey. Yet paradoxically in 1868 Mor- 
rissey's opposition to Hoffman proved a recommendation 
for the latter. This may be explained by the fact that at 
this time Morrissey was more widely known up-State for 
his political trickery than were Tweed and his Tammany 
ring. 

The aspirants for the lieutenant-governorship were A. 
P. Lanning, of Buffalo; A. C. Beach, of Watertown; Gen- 
eral James McOuade, of Utica, the soldiers' candidate ; and 
Smith Weed, of Clinton County, with chances in favor of 
Mr. Lanning.^ The other offices incited no contest except 
for clerk of the Court of Appeals for which eight ^ candi- 
dates appeared. Of these only Messrs. E. O. Perrin, W. B. 
Henderson and C. Ten Broeck were prominently mentioned, 
with Mr. Perrin in the lead. 

Samuel J. Tilden, chairman of the State committee, 
called the convention to order in an optimistic address. A 
temporary organization was effected without dissent, Mr. 
H. O. Cheesbro, of Ontario, taking the chair. The only 
contest for seats was between Isaac M. Marsh, of Rich- 
mond County, and Dr. James Harcourt. This was re- 
ferred to a committee ^ which later reported in favor of Mr. 
Marsh. After arranging for committees on permanent or- 
ganization and referring a motion on excise * to its proper 
committee, the convention adjourned until 3 130 P. M. 

^ New York World, Sept. 2, 1868. 

'George Becker, of Broome; Wm. H. Henderson, of Cattaraugus; 
Orrin W. Smith, of Delaware; E. O. Perrin, of Queens; Henry J. 
Glowack, of Genesee; Cornelius Ten Broeck, of Albany; James D. 
Little, of Putnam ; Wm. Lounsberry, of Ulster. 

* Messrs. Beach, Tweed and Ross. 

* New York Times, Sept. 3, 1868. John Fox moved the following: 
" Resolved, That no Excise laws should be enacted except such as 



362 POLITICAL HISTORY OF NEW YORK STATE [362 

Upon reassembling for the afternoon session the com- 
mittee on resolutions was appointed. One of the members 
of this committee from the eighth district was Grover 
Cleveland. Robert Earl,^ of Herkimer, headed the list of 
permanent officers. In his address when taking the chair 
he echoed the principles of the Democratic National plat- 
form. A committee of two from each judicial district was 
appointed to report an electoral ticket. Under the guid- 
ance of Mr. Ten Eyck, of Seneca, the State committee was 
enlarged to thirty-three, one member for each congressional 
district. In addition, on motion of Calvert Comstock, of 
Oneida, the president of the convention was empowered to 
appoint three members at large.^ 

Next in order of procedure was the nomination of a 
Governor. It appears that the nomination was conceded by 
practically all to John T. Hoffman, the Tweed candidate. 
Results verified this belief. After Hoffman had been nomi- 
nated by George W. Miller, a letter was read to the conven- 
tion by Mr. D. P. Barnard in which Senator Henry C. 
Murphy withdrew his name in the interest of harmony.' 
Under the placid tone of this letter it would be hard for 
the uninitiated to suspect that a deep wound rankled. The 
supporters of Murphy felt deeply chagrined not only over 
the withdrawal of their leader but because certain leaders 
of the country districts hoped to make a combination 
against Tammany Hall.* Mr. A. Oakey Hall seconded 

are uniform in their operation throughout the whole State; and that 
the execution of such laws, and the collection of the taxes themselves 
thereunder, should only be through the medium of the local authorities 
of each county." 

' Later of the Court of Appeals. 

* New York World, Sept. 3, 1868. 

^ New York World, Sept. 3, 1868. 

■* New York Tribune, Sept. 3, 1868. Among the leaders of this de- 



^^^-j STATE CONVENTIONS OF NEW YORK IN 1868 ^63 

Hoffman's name, promising him 90,000 majority in the 
metropolis. Hoffman's nomination followed by acclama- 
tion, William Marcy Tweed leading the cheers/ 

But Tweed's cup of joy was soon mingled with gall, for 
Tammany was bearded in its den. The nominations for 
lieutenant-governor were immediately called for. Levi H. 
Brown, of Jefferson, nominated Allen C. Beach; Daniel 
Magone, Jr., nominated W. J. Averill, of St. Lawrence; 
and Albert P. Lanning, of Erie, was proposed by Mr. C. C. 
Torrance. Everything appeared regular until Judge 
Morris, district attorney of Kings, in seconding the nomi- 
nation of Mr. Averill, turned upon Mr. Lanning and his 
Tammany supporters in a speech the vehemence of which 
had been seldom if ever approached in a Democratic con- 
vention.^ Judge Morris warned the up-State delegates as 
to the true character of Tweed and company, declaring 
that in voting for Hoffman they voted for the same man 
to represent New York in the Senate. He pointed to the 
unfinished New York City court house and a thousand 
other schemes of robbery and plunder. Judge Morris sus- 
tained his attack with such vigor that by the time he 
had finished it was quite evident that the Tweed slate had 
been broken.^ No one raised a voice in defense of Tam- 

feated movement were: Robert Chrystie, of the First Senatorial Dis- 
trict; Secretary of State Nelson, of Dutchess; Senator Beach, of 
Greene; Erastus Corning, of Albany; John Morrissey, ex-Senator 
Blood, of Saratoga; W. S. Clark, of Schoharie; Jacob Hardenburgh, 
of Ulster and John A. Green, of Syracuse, who fared the worst of all 
as he was ignored at the convention and his place on the State Central 
Committee given to another. 

» New York Herald, Sept. 3, 1868. 

«New York Times, Sept. 3, 1868; New York World, Sept. 3, 1868; 
New York Tribune, Sept. 3, 1868. 

^ New York Tribune, Sept. 3, 1868. Syracuse Daily Journal, Sept. 
4, 1868. An extract from Judge Morris's speech: "The ring must 



364 POLITICAL HISTORY OF NEW YORK STATE [364 

many. The ring knew too well the wisdom of silence. Its 
eight million dollars profit on the county court house and 
other items would not bear cross-examination. Mr. Lud- 
dington, of Onondaga, finally attempted to pour oil on the 
troubled waters by urging the selection of his old school- 
mate, Mr. Beach. The convention then proceeded to an in- 
formal ballot with the result as follows: A. P. Lanning, 
47; A. C. Beach, 68; W. J. Averill, 9; S. T. Arnot, 1/ 
After the vote had been announced the nomination was 
made unanimous for Beach. The Murphy men considered 
this in the nature of a triumph and were in a measure ap- 
peased. ^ Mr. Beach upon being called to the front thanked 
the convention. Further business appeared impossible be- 
cause of sundry lacerated feelings, so the convention ad- 
journed to the next morning. 

The Kings County vs. Tammany incident of the convention 
was the result of a long-standing feud between the Demo- 
cratic organizations on opposite sides of the East River. 
Due to divisions within the Kings County forces no ef- 
fective opposition had been directed against Tammany for 
some time. * In 1866 Henry C. Murphy had attempted to 
gain the gubernatorial nomination but failed through the 
opposition of General Slocum, who as a friend of President 

have all, and all must bend to that ring. . . . They will demand to con- 
trol the Federal patronage, should Horatio Seymour be elected, and 
he will be elected. Let them once secure that, and the unfinished 
court-house, and like jobs of theirs, will sink into insignificance 
when compared with what they will undertake in the same line. . . . 
When we came to Albany what did we find? We found every lobby- 
ist, whether Democrat or Republican, employed working for them and 
their candidate." Much as he respected John T. Hoffman he felt that 
the combination referred to should not be permitted or tolerated. 

^ New York Tribune, Sept. 3, 1868. 

* New York Sun, Sept. 3, 1868. 

' New York Herald, Sept. 4, 1868; New York Times, Sept. 4, 1868; 
New York Commercial Advertiser, Sept. i, 1868. 



365] STATE CONVENTIONS OF NEW YORK IN 1868 365 

Johnson controlled considerable patronage. Two years had 
changed matters in Kings County, as Slocum, in return for 
Murphy's support on the bridge bill and other matters, was 
now his most earnest advocate. Tammany had also obli- 
gated itself to Murphy for his support on sundry measures, 
among them the police commissionership and the New York 
street-railways bills. Tammany forgot its many promises 
to Murphy. Hence in 1868 we find the Kings County dele- 
gation solid for Murphy but failing to win its goal because 
of the treachery of Tweed. 

The apparent futility of Murphy's candidacy was real- 
ized by certain of his supporters, who, as it afterward 
leaked out, had met on September ist and drawn up the 
letter of declination to which we have referred above.^ 
This action was forced, as it was known positively that two- 
thirds of the delegates were for Hoffman. But had the 
Brooklyn delegation presented Murphy's name backed by 
the attack of Judge Morris the nomination would doubt- 
less have gone either to Mr. Murphy or to a third man. 
Not only was Judge Morris prepared to support Mr. 
Murphy but several members of the Brooklyn delegation, 
which was conceded to be the ablest on the floor, were pre- 
pared with speeches to advocate Mr. Murphy and attack 
Tammany. With such men as Judge Barnard, Corpora- 
tion Counsel McCue, General Slocum and Judge Morris. 
each able to enforce his views creditably as speaker and 
each fired with an animus, the public would have enjoyed 
such an exposure of Tammany's iniquities as would have 
startled even its enemies. 

Be that as it may, the spectators who packed the gal- 
leries were rewarded with no open renewal of the quarrel 
when the convention reconvened at 10:45 the following 

1 Vide, supra, p. 362. 



366 POLITICAL HISTORY OF NEW YORK STATE [366 

morning. Chairman James B. Craig, of the committee on 
resolutions, submitted its report, which was adopted by ac- 
clamation/ The platform was in the nature of a comment 
on the Democratic National platform. The preamble re- 
affirmed the National Democratic platform. Nine special 
clauses urged the immediate restoration of all States to 
their rights under the constitution, amnesty for all past 
political offenses, payment of all public obligations in strict 
accordance with their terms, equal taxation of every species 
of property including government bonds, one currency for 
all, the assertion of American nationality and the reform 
of abuse in administration especially in the South. The 
ninth article, after giving an expression of obligation to 
Andrew Johnson for his stand against a faithless party, and 
appreciation of the aid given by Chief Justice Chase against 
impeachment, strongly indorsed the national Democratic 
nominees. The platform took but two positions on matters 
of State policy, both of which were popular. These were 
demands for uniformity in the registration and excise laws 
throughout the State, and execution of the excise laws in 
all cases by local authorities. On the finance question the 
State platform was more outspoken than the national plat- 
form in declaring that when the bond stipulates gold, gold 
must be paid, but when it does not, lawful currency must be 
paid. In sharp contrast with this greenback doctrine one 
finds the Democratic State convention of Massachusetts 
adopting on September 2, 1868, a resolution which stated 
" that gold and silver coin is the only constitutional legal 
tender." ^ 

^ New York World, Sept. 4, 1868. 
2 Ibid. 



367] STATE CONVENTIONS OF NEW YORK IN 1868 ^57 

The electoral ticket ^ reported by James F. Pierce, of 
Kings, was ratified. Then followed nominations for the 
remainder of the State offices. For canal commissioner, 
Oliver Bascom, of Washington County, was preferred over 
Nathaniel Milliman, of Rensselaer, by a vote of 76 to 48.^ 
David B. McNeil, of Cayuga, was nominated for inspector 

^ The Democratic Electoral Ticket was as follows : 
Electors-at-Large — Henry W. Slocum, of Kings; Delos Dewolf, of 
Oswego. 

1st district Lewis A. Edwards, of Suffolk. 

2nd " Isaac Van Anden, of Kings. 

3rd " George L. Fox, of Kings. 

4th " Joseph Dowling, of New York. 

Sth " Oswald Ottendorfer, of New York. 

6th " Emaneul B. Hart, of New York. 

7th " Charles E. Loew, of New York. 

Sth " James M. Sweeny, of New York. 

9th " Edward Jones, of New York, 

loth " George B. Pentz, of Westchester, 

nth " Egbert A. Clark, of Sullivan. 

I2th " David Van Schaack, Columbia. 

13th " Manly B. Mattice, Greene. 

14th " James Roy, Albany. 

iSth " John B. Colby, Rensselaer. 

i6th " Ruby H. Stone, of Clinton. 

17th " Francis D. Flanders, Franklin. 

i8th " Daniel D. Campbell, of Schenectady. 

igth " Simon B. Champion, of Delaware. ' 

20th " Dewitt C. West, of Lewis. 

2ist " James McQuade, of Oneida. 

22nd " Matthew J. Schoecraft, of Madison. 

23rd " Oliver Porter, of Cortland. 

24th " James McLean, of Seneca. 

25th " William C. Dryer, of Ontario. 

26th " Benjamin N. Loomis, of Broome. 

27th " William R. Judson, of Chemung. 

28th " William C. Rowley, of Monroe. 

29th " James G. Shepard, of Genesee. 

30th " William G. Fargo, of Erie. 

31st " Timothy D. Cobb, of Chautauqua. 
» New York Times, Sept. 4, 1868. ] 



368 POLITICAL HISTORY OF NEW YORK STATE [368 

of State prisons, as were Colonel John M. Strong, of Syra- 
cuse, and John K. Burke, of Monroe. Mr. Burke, who was 
present as a delegate, declined to be a candidate and Colonel 
Strong's name was withdrawn before the complete vote 
had been taken, leaving Mr. McNeil the field. Although 
eight names ^ were presented for clerk of the Court of Ap- 
peals, Mr. E. O. Perrin, of Queens, was unanimously nomi- 
nated without taking a ballot. The State committee ^ was 
then announced and after Calvin Frost, of Westchester, 
had presented a resolution in memory of Peter Cagger, the 
convention adjourned sine die. 

Two papers of different faith, the Commercial Advertiser 
and the World, in commenting upon the Democratic candi- 
dates paid Senator Murphy a graceful tribute by acknowl- 
edging the excellence of his claims.^ To prove the ability, 
probity and popularity of Murphy's successful rival, the 
World published a sketch of Hoffman's career,* and boldly 
challenged its opponents to compare platforms. Neverthe- 
less, the World admitted that the Albany platform did not 
express the opinion of the entire Democracy, especially on 
money. 

1 Cf. footnote 2, p. 361 supra. 

* The Democratic State Committee was as follows : 

Members-at-Large— Samuel J. Tilden, of New York; Samuel North, 
of Otsego; Joseph Warren, of Erie. 
1st district Peter B. Sweeny, Charles G. Cornell. 
2nd " W. A. Fowler, Augustus Ide, of Orapge. 
3rd " Wm. Cassidy, of Albany; Isaac McConihe, of Rensselaer. 
4th " Wm. J. Averill, of St. Lawrence; Isaiah Blood, of Saratoga. 
5th " George H. San ford, John W. Barker. 
6th " Stephen S. Arnot, N. Wilson Parker. 
7th " E. P. Ross, C. C. B. Walker. 
8th " Henry A. Richmond, James Jackson, Jr. 

*New York Commercial Advertiser, Sept. 5, 1868; New York World, 
Sept. 3, 1868. 

*Ihid. 



369] STATE CONVENTIONS OF NEW YORK IN 1868 ^5^, 

The Sun contributed an editorial on the Democratic State 
convention which was notable for its rollicking good 
humor. It considered the convention " a miracle of har- 
mony " ^ in which the solid masses of the phlegmatic Teu- 
tons - had worsted the fiery, gallant sons of Erin. As for 
the rival candidates for Governor, they were well matched, 
both being young men, rich and exceedingly good looking. 
Then followed a minute comparison of the candidates as 
to their looks. ^ This editorial was intended to convey the 
moral that matters of State interest or names on the State 
ticket would occupy but a comparatively small place in the 
public mind throughout the canvass. The Herald deigned 
to give no space editorially to the Democratic candidates or 
platform.* Greeley merely pointed out the " restlessness 
and discontent of a powerful wing of the party under the 
imperious yoke of Tammany ","' which was made plainly 
visible. 

' New York Sun, Sept. 3, 1868. 

2 New York Herald. Sept. 3, 1868. Contemporaneou.s with the 
Democratic State Convention the German Democrats met in conven- 
tion at Albany under the call of Oswald Ottendorfer, Chairman of the 
German State Central Committee. This convention supported Hoff- 
man and urged a change in the Excise Laws. 

' New York Sun, Sept. 3, 1868. " Both are exceedingly good-looking, 
though not of the same style of beauty. Mr. Griswold is a blond, 
with blue eyes, light hair, and mutton-chop whiskers. His move- 
ments are graceful, his manners elegant. Mr. Hoffman is a brun- 
ette, slender, tall, stately, with fine black eyes tinged with melancholy. 
His hair is jet black, his brow pale and thoughtful like Hamlet's, 
his features finely chiseled, his chin smooth and shapely, his mouth 
intellectual and kindly, his moustache black and impressive, like that 
of a Spanish grandee or a first class German metaphysician. In 
point of personal attractions, it would be difficult to determine which 
of the two candidates ought to have the palm. H the question were 
left to the ladies, they would find themselves puzzled beyond any 
precedent in history." 

♦ New York Herald, Sept. 2-5, 1868. 

* New York Tribune, Sept. 4, 1868. 



370 POLITICAL HISTORY OF NEW YORK STATE [370 

Consistent with its estimate in 1866, the Times consid- 
ered the Democratic choice for Governor creditable ^ as well 
as prudent.^ Personally unobjectionable, cultured, experi- 
enced in administration, Mr. Hoffman was the strongest 
man the Democracy could present.^ With the nominee for 
lieutenant-governor, Mr. Beach, the Times was not so fair, 
describing him as " a gawkey, good-natured personage, 
great of girth and tall of stature, who timidly vented some 
incoherent vagaries." * The platform received no atten- 
tion from the Times. As with the up-State editorial notice 
of the Republican State convention so it was with the Demo- 
cratic State convention; practically no attention was given 
to its proceedings or results. Where an up-State opposi- 
tion paper gave it any space, attention was directed to Judge 
Morris's attack on Lanning and Tammany,^ while the dis- 
trict party organs gave but perfunctory comments.* 

* New York Times, Sept. 4, 1868. 

» Ibid.. Sept. 3. 1868. 
» Ibid. 

* Ibid., Sept. 4, 1868. 

* Syracuse Daily Journal, Sept. 4, 1868. 

* Albany Argus, Sept. 3, 4, 1868; Buffalo Daily Courier, Sept. 2-4, 1868. 



CHAPTER XIII 
The Presidential Campaign of 1868 

Although the issues pending upon the outcome of the 
Presidential election of 1868 were doubtless not of such 
vital importance to the life of the nation as those involved 
in the campaign of i860, still we may safely state that with 
the exception of the latter campaign, none has been more 
fraught with significance to the political and economic 
future of the United States than the former.^ The issue 
before the country was, should the Radicals be permitted 
to finish their Reconstruction of the South, or should an 
administration be returned which would undo the work of 
the Radical Congress with the attendant results. 

After the major conventions the campaign did not open 
with much eclat, as most of the leaders took a respite at 
the resorts. The newspapers in July indulged themselves 
chiefly in prophecy according to their different faiths. One 
week after the Democratic convention the Times claimed 
that already the Democrats were having difficulty to keep 
up enthusiasm for Seymour.^ The World was sure that 
nothing could save the Radicals from defeat in November.* 
The Herald thought that New York would go Republican 
because Grant and Griswold were both liberal on the drink 



' Fite in his introduction omits mention of the campaign of 1868, 
when comparing those of 1840. 1856, 1864 with that of i860. Fite, The 
Presidential Campaign of i860, Introd., ix. 

* New York Times, July 17, 1868. 

• New York World, July 29, 1868. 

371] 371 



372 POLITICAL HISTORY OF NEW YORK STATE [372 

question.' But the Sun made the only prediction which 
fully came to pass, when it argued that the Democrats 
would carry New York in spite of everythmg while the 
nation went Republican. ■ Nothing had occurred during 
the year to alienate the liquor element in and around New 
York City, hence the Sim maintained that the Democratic 
majority in the State would be practically the same as the 
previous year. 

The Republican organs based their claims for a Repub- 
lican victory on the popularity of Grant as contrasted with 
the war record of Seymour. The Independent predicted a 
Republican victory on the ground that the Republican plat- 
form, although not advanced enough to please the Radi- 
cals, was adapted to the ideas of that wing of the Democ- 
racy which desired the nomination of Chase, while the 
Democratic platform was too outrageous for a large por- 
tion of the Democracy." 

Incidental to the campaign auguries, the usual display of 
brotherly affection on the part of certain papers was made 
manifest. The Commercial Advertiser'^ warned Republi- 
cans against the support of Grant by the Tribune, while 
the World ^ took the latter as its special foeman. Needless 
to say the Tribune saw to its own laurels. The Independent 
read the World out of the leadership of the Democratic 
party because it was not sufficiently audacious.* 

' New York Herald, July 21. 1868. 

* New York Sun, July 14, 1868. The Sun cited the following ma- 
jorities as proof of its claim: 

In i860 New York gave Lincoln 50,000 majority. In 1862 New 
York gave Democrats 11,000 majority. In 1866 New York gave Re- 
publicans 14,000 majority. in 1867 New York gave Democrats 
48,000 majority. 

* The Independent, July 16, 1868. 

* New York Commercial Advertiser, July 17, 1868. 

' New York World, Aug. 8, 19. 24, 26, 29, 30. 1868, 

* The Independent, /\ug. 6, t868. 



373 J '^^^ PRESIDENTIAL CAMPAIGN OF 1868 ^y-^, 

The keynote of the Democratic campaign was given in a 
letter from Samuel J. Tiklen to the Seymour and Blair 
ratification meeting at Washington. The issues as Tilden 
saw them were two, namely, opposition to negro supremacy, 
and opposition to the monstrous fiscal extravagance of the 
Republican party. ^ These resembled the issues as the World 
saw them, i. e., reduction of the army and navy, and 
abolishment of the Freedman's Bureau." The Republicans 
were thus forced to meet the issue. 

In August a campaign book, compiled by special com- 
missioner of the revenue David A. Wells, was circulated 
in which the expenses of the administration since the 
War were enumerated." These figures were hailed with 
delight by the Democrats, who could now use authentic Re- 
publican figures to show just how expensive and extrava- 
gant the Republican administration had been. " At present 
nobody can advocate economy without thrusting a sword 
into the vitals of the Republican policy," said Tilden.* 

On the other hand, while the Democrats were leading 
their forces against the Republican extravagance. Vallan- 
digham and other Democratic orators of the West pre- 
tended to see in Seymour's utterances an interpretation of 
the Democratic platform acceptable to Westerners on the 
greenback question, namely, the payment of that portion 
of the national debt known as five-twenties in greenbacks." 

' New York World, July 21, 1868. John Bigelow, The Life of 
Samuel J. Tilden. vol. i, pp. 215-17. 

» New York World, July 24, 1868. New York* World, Oct. 13, 1868. 
The World later defined the real financial issue between the two parties 
thus : " Whether we shall stop the extravagance which has raised and 
spent enough money since the war to have paid off all of the 5-20 
bonds." 

* Ibid., Aug. I, 1868. The Army and Navy expenses since 1865 to 
the publishing of this book were $1,050,237,319. 

*New York World, Oct. 2, 1868. 

'^ See New York hIeraJd. Aug. 16. 1868. 



374 POLITICAL HISTORY OF NEW YORK STATE [374 

A certain support on this point was given to the Demo- 
crats by the Evening Post which, ahhough it doubted the 
constitutionaHty of the legal tender act, felt reassured that 
business would be safe in the event of any change in cur- 
rency. ^ 

As money proved to be the battle center of the campaign, 
so in the matter of personal politics did money-making, at 
the government's expense, prove to be a vulnerable spot 
for attack in the case of John A. Griswold. The World 
early discovered a mare's nest in the career of Griswold, 
whom it called an " imposter " and a " confidence candi- 
date "." The facts as set forth by the World show that 
John A. Griswold and his partner John F. Winslow went 
as sureties on Ericsson's contract.^ This contract with the 
government to build the Monitor was entered into July 2, 
1862. Griswold and Winslow furnishing the iron for the 
vessel. In December, 1863, Griswold took his seat in Con- 
gress as a Democrat. He voted against Colfax for speaker, 
Mr. Henry G. Stebbins, of New York City, being his 
choice. Later Griswold voted for his own petition for re- 
lief in connection with a heavy loss * which threatened two 
others and himself on the contract. These facts, according 
to the Democratic journals and orators, furnished prima}' 

' New York Evening Post, Sept. i, 1868. 

* New York World, Aug. 27, 1868. New York World, June i, 6, 
1868. The World was no less severe in its attacks on Grant. In 
connection with his speech of acceptance it spoke of him as a 
" puppet " and a " weather cock." Grant's statement that he would 
have no policy of his own " to interfere against the will of the 
people," was a " self-pronounced satire on General Grant's intellect 
and moral independence." Contrast with this, the statement of the 
Sxin on Grant's acceptance, " It is short, sharp and decisive." New 
York Sun, June 2, 1868. 

' The inventor of the Monitor. 

* New York World. Aug. 12, 1868. 



375] THE PRESIDENTIAL CAMPAIGN OF 1868 ^j^ 

facie proof of Griswold's unsuitability for the office of 
Governor. The Argus ^ was an able second to the World 
in hurling this charge against Griswold. The Argus 
claimed that Griswold had made $100,000 for himself and 
partner on the Monitor. The Republican journals, es- 
pecially the Troy Tiuies,'^ defended Griswold's action by 
showing the tremendous advantage the victory of the Mon- 
itor over the Merrimac gave to the North at a very critical 
period. Griswold's act in putting up the money to build the 
Monitor was lauded as the highest example of patriotism. 
The Times supported Griswold, backing the assertion of the 
Troy Times that the Monitor had been built at the per- 
sonal expense of Griswold and his associates and was 
owned by them at the time of the Merrimac encounter.' 
These statements and those of Griswold's supporters * to 
the same effect were later branded as false by Secretary of 
the Navy Gideon Welles. " The work of building the 
Monitor," said Welles, 

was paid for as it progressed. Six payments were made be- 
tween the middle of November and 3d of March, before the 
vessel was completed and delivered. The last and final pay- 
ment, save the reservation which by contract was to be re- 
tained until after a satisfactory test, was made before she left 
New York on her trial trip.'^' 

Although Welles makes it clear" that he was up in arms 

' Albany Argus, Aug. 4, 1868. 

2 See Troy Times, Aug. 15. 1868. See New York Sun, Aug. 18, 1868. 

■New York Times, Aug. 17, 1868. 

* Welles singled out General Benjamin F. Butler especially as one 
who had made false statements on the floor of the House relative 
to Griswold. 

•"• The Diary of Gideon Welles, vol. iii, p. 413. also see vol. i, pp. 
213-215. 

« Ibid., vol. iii, pp. 412-414. " John A. Griswold. a wealthy iron- 



376 POLITICAL HISTORY OF NEW YORK STATE [376 

against the attempts made by Griswold's friends to slander 
the navy department, still his authoritative statements as 
Secretary of the Navy would seem to deny any validity for 
Griswold's claims. 

Hoffman made his opening campaign speech at Buffalo 
on September 8th in which he proclaimed that the Demo- 
crats had but one object, i. c, the public good. He praised 
the conduct of the War and assailed the Radicals for not 
having lifted the country out of financial anarchy three 
years later. ^ The World ably seconded Hoffman, claim- 
ing that under Seymour the only danger from anarchy 
would be the failure of the Republicans to submit to the 
party in power.' 

The Times devoted its strength to a financial rebuttal. 
No one but the Democrats were to blame for a war the 
price of which was $4,071,030,060.^ The plausible equal 
tax on all property was regarded by the Times as the weak- 
est plank in the Democratic platform because a tax on gov- 
ernment bonds could not be made in view of recent Su- 
preme Court decisions. The Tribune and the Evening Post 
directed their attack against Hoffman's relationship to 

master and Member of Congress, has been nominated for Governor 
of New York by the Radicals, and there has been, and is, a per- 
sistent attempt to give him false credit in regard to the Monitor, 
and this by systematic and deliberate falsehood and injustice to 
the Department. — Yet the Hon. Mr. Griswold, knowing the facts, him- 
self a party, sat quietly in his seat and took to himself this false credit 
without one word of explanation or justice to the Navy Department. 
His biographers have, I am persuaded by his connivance, not only 
made the same statement as Butler, but have gone farther and tried 
to ignore the Navy Department, or have slandered and belied it by 
declaring the Secretary was opposed, or only gave a negative support, 
to Mr. Griswold and his associates." 

1 New York Sun, Sept. 9, 1868. 

' New York World, Sept. 7, 1868. 

» New York Times, Sept. 2. 1868. 



377] '''■^^" PRESIDENTIAL CAMPAIGN OF 1868 y^y 

Tammany Hall. Hoffman was but the " pliant tool " and 
"gypsy candidate" of Peter B. Sweeny and William M. 
Tweed, (ireeley stated, we know now rightly, that with 
Hoffman in office it virtually meant Sw^eeny ' for Gover- 
nor with Tweed as Governor's assistant." 

The Maine elections '^ gave the first definite indication of 
the results to be expected in November. The Republican 
Governor. Chamberlain, was re-elected over Pillsbury, the 
Democratic candidate, by a 20,000 majority, an increase of 
ro,ooo. In New York the Maine results were variously 
received. The Times was complacent. \t the Cooper 
Union monster mass meeting held on the night of Septem- 
ber r4th, Henry J. Raymond argued that all the country 
needed was four years of quiet.* In his arguments he was 
seconded by General Kilpatrick and Charles S. Spencer. 
But Greeley apparently was not deceived by the situation 
in Maine, for he warned the New York State Republicans 
to force the fighting, as the situation in the State while hope- 
ful was far from safe." The World assured all that the 
Republicans by their frenzy of joy over Maine only 
showed their fear of defeat in November." Such sureness 
was not displayed by the Snyi, although it credited the 
Maine election to the folly of the Democrats in their choice 
of leaders.^ 

The Herald, also, read into the Maine election Repub- 

' Sweeny furnished the brains for the Tweed Ring. 

* New York Tribune, Sept. 5, 1868; New York Evening Post, Sept. 
3, 29, 1868. 

* The September elections in Vermont, Maine, Connecticut, Colorado, 
and New Mexico all returned Republican majorities. 

* New York Times, Sept. 15, 1868. 

* New York Tribune, Sept. 16, 1868. 

* New York World, Sept. 17, 1868. 
"> New York .Vm«. Sept. 15, 1868. 



378 POLITICAL HISTORY OF NEW YORK STATE [378 

lican victory both nationally and in the State. Its argument 
in connection with the State is interesting. The Herald 
maintained that in 1867 the Germans and Irish of the State 
had rebelled against the license law. Also the friends of 
Seward and Weed in the custom houses, the post offices, 
the internal revenue bureau and in every school district 
of the State had voted against the Radical ticket. The 
Grant men had either voted with the Democrats or re- 
mained away from the polls. In 1868, the Herald pointed 
out that all was different. The Democrats during the past 
winter with a majority in one branch of the legislature 
and possessing the power to force from the Governor a 
valuable modification of the metropolitan excise law re- 
moving all offensive measures, betrayed their friends and 
obstructed any alteration of the law in order that they 
might retain it as an argument for another campaign 
" Liquor men," reassured the Herald, " will not be deceived 
another time, besides, Griswold is for them." ^ Nationally 
the Herald believed Grant would be elected because of the 
Democrats' stupidity in adhering to their platform of 1864.^ 
Or as the Independent put it. a considerable body of voters 
who were not satisfied with Republican leaders and ideals, 
still would vote for Grant because of the war talk of the 
Democrats and Blair,^ the Tammany convention methods 
and the financial policy of the Democrats.* 

The Republicans followed the advice of Greeley, re- 
doubling their activities in the mid-campaign. John A. 
Griswold w^as very active. The tenor of his arguments 
was largely national. He believed that the people should 

» New York Herald, Sept. 17, i868. 
» New York Herald, Oct. 2, 1868. 
•■* The Independent, Sept. 24, 1868. 
*Ib{d., Oct. 15, 1868. 



379] THE PRESIDENTIAL CAMPAIGN OF 1868 379 

help the victors maintain peace. ^ He did not believe that 
the late rebel States and their rebellious citizens should be 
admitted at once. Further, a large part of his public ad- 
dresses were directed toward the questions of national 
finances, showing that the Radicals had reduced the war 
debt one-quarter and had relieved the country of taxation 
to the amount of $167,000,000 per annum." 

The Republican State ratification meeting was held at 
Cooper Union on September 22d. John A. Griswold, Gen- 
eral J. C. Fremont, General John B. McKean and Martin 
I. Townsend addressed the meeting. The speeches were all 
directed against the financial measures of the Democrats. 
Martin I. Townsend believed in pushing the debt and tax 
questions until they drew blood.* Five nights prior to this 
meeting a similar gathering had been held at Cooper Union 
in commemoration of the Battle of Antietam, at which 
8,000 persons had heard the enthusiastic addresses of 
Generals Pleasanton, Sickles, Kilpatrick, Colonels G. G. 
Sharpe, and Deming, and Senator John Sherman. All the 
powers of oratory and argument were employed to keep the 
soldiers of the State from joining the Democratic ranks. 
Senator Sherman assured all that Ohio and Indiana would 
follow Vermont and Maine.* The position of Senator 
Sherman on the five-twenty bonds of the United States, 
namely, that they could be paid off in greenbacks,'' gave the 
Democrats a capital argument in which they claimed that 
he had surrendered and spiked the guns of his party.** 

' At Poughkeepsie. New York Tribune, Sept. 17, 1868. 
» New York Tribune, Sept. 18, 1868. 
» Ibid., Sept. 23, 1868. 

♦ New York Tribune, Sept. 18, 1868. 

' Cf. ibid., Aug. 25, 1868. Doubtless a statement made by Sherman 
for campaign purposes. 

• New York World, Aug. 26-28, 1868. 



380 POLITICAL HISTORY OF NEW YORK STATE [380 

The Republicans made special appeals also to the Trish 
and the German elements in New York City at Cooper 
Union en September 30th and October 7th respectively, at 
which meetings the rights of citizens to the customs of their 
fatherland were upheld. Yet it was pointed out that re- 
gard must be given to the rights and even the prejudices 
of others/ 

While the campaign was thus in progress in New York 
State, elections were held in Pennsylvania, Indiana, Ne- 
braska and Ohio. The verdict in these States was unmis- 
takably for Grant.^ The substantial predictions of Hertry 
W. Beecher, uttered four days prior to the October elec- 
tions,' came true. Greeley could not see how, any way we 
might figure, Seymour could be elected in view of the Oc- 
tober elections.* The World pretended to consider the re- 
sults as indicative of a fine showing for the Democrats, con- 
sidering that they had been proclaimed dead by their oppo- 
nents two years before. Said the World: " If the military 
prestige of General Grant had been out of the scale, we 
should have succeeded; or that remaining, if the perver- 
sions of General Blair's position had been out of the scale, 
we should have succeeded." ^ Thurlow Weed was especially 
severe in his condemnation of Blair, whom he classed with 
Wade Hampton, Wise, Vance, Forrest and Hill. " These 

» New York Tribune, Oct. i. 8, 1868. 

* Ibid., Oct. 14, 1868. 

* New York Times, Oct. 10. 1868. At Brooklyn Academy of Music. 
Beecher, also, wrote a letter at this time on the condition of the 
country in which he urged the need of better administration. The 
World gave special attention to this letter and replied that the claim 
was true but questioned whether Grant had the necessary experience 
or qualities to give the administration demanded. New York World, 
Oct. 12, 1868; New York Evening Post, Oct. 10, 1868. 

* New York Tribune, Oct. 14, 1868. 
'New York World, Oct. m. 1868. 



381 j THE PRESIDENTIAL CAMPAIGN OF 1868 -^gi 

men have determined to make 1868 in the likeness of 1860. 
Cover up their purposes as they may, the people penetrate 
the disguise and detect the sham." ' The Herald and the 
Sun both acknowledged the certainty of Grant's election in 
November." But the Sun maintained that the October re- 
sults would not alter the hold of the Democrats upon New 
York State. 

One immediate result of the Democratic defeat in the 
October elections was a demand on the part of the World, 
backed by the National Intelligencer, that a change be made 
in the Democratic ticket. On October 17th the World 
openly blamed Blair for the defeat ^ and two days later it 
admitted that the Democratic situation was very doubtful. 
Calling on Seymour, as the only man who could do so, it 
asked him to lead them out of the wilderness.'' But the 
World's invitation to Blair was of a vastly different import. 
*' Governor Seymour can now aid us much but General 
Blair can aid us far more, in a different way, by a chivalric 
action superior to all eloquence." The cry for Blair's with- 
drawal was taken up in many quarters. Blair's chief de- 
fender proved to be Horace Greeley, who facetiously spoke 
of the Democratic ticket as " a dem'd moist unpleasant 
body '\'' Blair publicly announced at St. Louis that he was 
ready to withdraw if his friends thought best* 

Washington was thrown into a flutter. George Pendle- 
ton and Washington McLean,^ of Cincinnati, hurried to 

' New York Commercial Advertiser, Oct. 14, 1868. 
'New York Herald, Oct. 15. 16, 1868; New York Sun, Oct. i, 15, 
r868. 

» New York World, Oct. 17, 1868. 
^Jbid., Oct. 19. 1868. 

* New York Tribune, Oct. 17, 1868. 

• New York Times, Oct. 18, r868. 

' McLean controlled the Cincinnati Gazette and the Cincinnati 
E.nquirer. 



382 POLITICAL HISTORY OF NEW YORK STATE [382 

the Capital. Chase again loomed up as a candidate. Presi- 
dent Johnson was spoken of for Seymour's place with Gen- 
erals Ewing and Hancock, or Governor English, of Con- 
necticut, for Blair's place. Hancock, however, refused tO' 
consider second place and Seymour announced that any 
change in the ticket must necessarily include him.^ The 
Evening Post suggested that the Democrats drop Seymour 
and Blair and substitute Grant and Colfax.' As no one 
was found ready to stand in the breach and take up the 
burden of unpopularity which Seymour and Blair were too 
weak to lift," and as, in New York, Samuel J. Tilden, 
August Belmont and Augustus Schell held firm for the 
ticket, it weathered the attack of the World. 

For its display of the white feather the World was 
forced to stand scathing attacks from the Democratic press 
throughout the country.* The Argus, ever a staunch Demo- 
crat, was moved to express its disgust over the situation. 

Governor Seymour cannot cut loose from General Blair. He 
cannot arbitrarily relinquish a candidacy he did not seek, and 
which was forced upon him as a duty. And who would take 
the vacated post? Who would covet the dubious honor? . . . 
The game of corruption and fraud cannot twice be played. 
The money raised to stimulate, and to bribe voters, has been 
spent. ^ 

It was thought by many that Washington McLean, who 
controlled the Cincinnati Gazette and the Cincinnati En- 
q^uirer, inspired the World to demand the change in the 

1 New York World, Oct. 19, 1868. 

* New York Evening Post, Oct. 16, 1868. 

3 See New York Commercial Advertiser, Oct. 16, 1868. 

* Newark (N. J.) Democrat, Oct. ig, 1868; Rochester Express, Oct. 
18, 1868; Hartford Times, Oct. 19, 1868; Boston Post, Oct. 18, 1868; 
The Independent, Oct. 22, 1868. 

* Albany Argus, Oct. 18, 1868. 



383] ^^^^ PRESIDENTIAL CAMPAIGN OF 1868 -583 

ticket, as it was he who at once revived the clamor for 
Chase.^ The Rochester Daily Democrat believed, never- 
theless, that the World, the National Intelligencer and 
other Democratic papers wanted Seymour and Blair to 
resign because the South was dropping away.^ 

The Republicans continued their attack on Blair for his 
insistence that Grant once in the White House would never 
leave it alive.^ Seymour was ridiculed for the implied bas- 
ing of his candidacy upon two grounds, namely, that Re- 
construction was a failure therefore he should be elected, 
and that he would be unable to do anything if he were 
elected President therefore he should be elected/ 

The War Democrats who were acting with the Republi- 
cans held the last great mass meeting of the Republican 
campaign at Cooper Union on October 21st. It is illumi- 
nating to note that the list of vice-presidents for the meet- 
ing contained names of such prominence in the affairs of 
State as William F. Havemeyer, William B. Astor, Alex- 
ander T. Stewart, Aaron Vanderpoel, John Jacob Astor, 
Jacob A. Westervelt, Henry G. Stebbins, C. V. S. Roose- 
velt. James J. Roosevelt, W. H. Webb, John C. Green, 
Robert L. Stuart. Edmund H. Schermerhorn, Stephen Phil- 
bin, Henry Clews. Peter Cooper, Cornelius Vanderbilt, 
Samuel Sloan, and William J. Mcx\lpine.'^ The chief 
speaker was Judge Edwards Pierrepont who attacked the 
Democrats on their War record, revolutionary utterances 
and prevalence of fraud. Pierrepont was he who had 
knifed General Dix two years previously and had brought 

' New York Tribune, Oct. 20, 1868. 

' Rochester Daily Democrat, Oct. 21, 1868. 

* New York Times, Oct. 20, 1868. 

♦ New York Tribune, Oct. 27, 1868; New York Times, Oct. 30, 1868. 

• New York Tribune, Oct. 22, 1868. 



384 POLITICAL HISTORY OF NEW YORK STATE [384 

Hoffman forward.' When Pierrepont publicly announced 
himself for Grant and Griswold, his letter acted as a bomb 
shell in the Democratic camp." 

Blair invaded the East to defend himself against the 
charge of being a revolutionist. At Tammany Hall on Oc- 
tober 27th he cast the charge back upon his political ene- 
mies '^ of the Republican party. The Herald vigorously 
defended Blair, arguing that once in office he would natur- 
ally become conservative.^ The World found it difficult 
to hide Blair under a bushel. It openly counseled that 
everything in the State and the nation depended upon oc- 
cupying public attention with Seymour. ' When Blair came 
East, Seymour entered the West in the hope that a change 
of location might induce a reaction for the better.*' 

According to the World, Hoffman was strong in the 
State but it deemed the electoral ticket of greater import- 
ance. From the middle of October it devoted its entire 
editorial strength to carrying New York. It made further 
assaults upon Horace Greeley who had been directing a 
large share of his attention to disclosing election frauds,^ 
particularly those by Judge George G. Barnard,^ who made 
such a unique record for rapid naturalization. 

The Democratic State committee's address was issued by 
August Belmont on October 21st, in which the extrava- 
gance of the Republicans was denounced. August Bel- 
mont then retired to Europe where he could take the Demo- 

1 Vide supra, pp. 105, 106. 

-Syracuse Daily Courier and Utiion. Oct. 14. 1868; New York 
IVorld, Oct. 13. 1868. 
» New York Herald, Oct. 28, 1868. * Ibid., Oct. 30, 1868. 

* New York IVorld. Oct. 21, 1868. 

• New York Herald, Oci. 28, 1868. 

' New York Tribune, Sept. 15; Oct. 15, 16, 1868. 
» Ibid., Oct. 23, 26, 1868. 



385 J THE PRESIDENTIAL CAMPAIGN OF 1868 ^g^ 

cratic defeat in safety.' On October 27th the Republican 
State committee issued its address to the people, in which 
it raked the Democracy of the nation fore and aft for at- 
tempting to excite the war passions again, and the Democ- 
racy of the State for its political jobbery in illegal natural- 
ization at $2.00 per person." The Commercial Advertiser 
added its voice against the naturalization frauds and urged 
the men of New York City to overthrow fraud and vote for 
Oris wold who had saved the commerce of New York City 
by building the Monitor." Just before election a proclama- 
tion was issued by Mayor Hoffman, in which the Mayor 
warned all Democrats against the Republicans as dangerous 
men seeking to discredit the Democracy and turn attention 
from their own guilt by unscrupulously gross and un- 
founded charges against those high in authority. The 
proclamation also Hayed the federal grand jury then in ses- 
sion for bringing in indictments. Greeley's reply to Hoff- 
man's proclamation was characteristic. 

The Republicans of this city are, as they have always been, a 
minority. They would not be if the city were not governed so 
as to make her vast array of thieves, emigrant-swindlers, sailor- 
pluckers, blacklegs, pocketbook-choppers, baggage-smashers 
and brothel-keepers a unit against them . . . There is no vice, 
there is no crime, no outlook of human depravity, that is not 
made to bring grist to the Democratic mill. ... Of the in- 
famous " Ring " of swindlers who misrule and plunder us, we 
ask only . . . that they do not rob us outright of our votes 
by stuffing the ballot-boxes with ballots cast by " repeaters " 
and unnaturalized or fraudulently-naturalized aliens.* 

' New York Sun. Oct. 21, 1868. 

« New York Tribune, Oct. 27, 1868. 

* New York Commercial Advertiser. Oct. 29, 1868. 

* New York Tribune, Nov. 2, 1868. 



386 POLITICAL HISTORY OF NEW YORK STATE [-^86 

In striking contrast with the lethargy of the up-State 
leaders and journals in connection with the State conven- 
tions of both parties we find a refreshing activity over the 
national and State campaigns. The Republicans held three 
monster mass meetings in Syracuse on September 8th, Oc- 
tober 2nd, and October 28th. The first meeting was ad- 
dressed by Carl Schurz in German ; ' at the second, John 
Griswold and Chauncey Depew spoke. Griswold devoted 
his attention to proving that the financial issue had been ex- 
travagantly overdrawn by the Democrats.* Depew con- 
trasted the Chicago and New York platforms. The third 
meeting v.as held to draw the Irish vote to the Republi- 
cans.^ The Irish and German vote up-State was courted by 
the Republicans on the ground that the Democratic party 
had made no emphatic assertion or attempt to enforce the 
claims of adopted American citizens, while they had seen 
their claims vindicated by a Republican Congress.* 

Roscoe Conkling returned to Utica from the Rocky 
Mountains about October ist and, after an address at 
Cooper Union one week later, devoted his splendid ener- 
gies to defeating his brother-in-law, Horatio Seymour, in 
Oneida and adjoining counties. While canvassing one day 
with his friend Benjamin Allen, Conkling met and shook 
hands with a swarthy Irishman, an employee of Allen's. 
Allen said. " Senator, Black Paddy, as we call him, has 
turned Democrat." " How so? " queried Mr. Conkling. 
With the ready wit of his nation " Black Paddy " replied. 
" Shure, sir, oi'm payin' ye a compliment in votin' for yer 
brother-in-law." ^ 

' Syracuse Daily Standard. Sept. 9, 1868. 
' Ibid., Oct. 3. 1868. 

* Syracuse Daily Journal, Oct. 29, 1868. 

* Syracuse Daily Standard, Oct. 29, 1868. 

* .Alfred R. Conkling, Life and Letters of Roscoe Conkling. pp. 312-13. 



387] T^HE PRESIDENTIAL CAMPAIGN OF 1868 ^g- 

Syracuse was likewise the center of the Democratic up- 
State activities. Their most important meeting was held 
on September 13th at which John Hoffman and Richard 
O'Gorman spoke. Hoffman, as at Buffalo and Rochester, 
devoted his attention to the national debt and the unnec- 
essary expenses to which the Republicans had put the gov- 
ernment. The up-State Democratic papers gave almost 
their entire editorial strength to attacking the Republicans 
upon these points.' The aim of the Democrats, as inter- 
preted by the Syracuse Daily Journal, was to push the 
matters of debt and taxation upon the public attention, thus 
to divert the public mind from the question of Reconstruc- 
tion and the possibility of another civil war.^ The Syra- 
cuse Daily Journal, also, attempted to show how a Demo- 
cratic victory would menace free labor, stating that no 
help would be hired in the South unless the laborer prom- 
ised to vote for Seymour and Blair, and that those already 
in service had been warned that their failure to vote for 
the Democratic nominees would mean the loss of their 
jobs.' 

The Republican stronghold in the northern part of the 
State was the scene of a vigorous campaign. But the 
Democratic opposition in the northern counties melted after 
the announcement of the October elections.* Yet the Syra- 
cuse Daily Courier and Union had sufficient faith in its 
convictions to hotly claim States conceded to be Radical.'' 
" Cowards lose the fight ere it is half begun — brave men 
never," was the slogan of the Daily Courier and Union. 

' Syracuse Daily Courier and Union, Sept. 14, Oct. i, 7, 1868. 
Buffalo Daily Courier, Aug. 17, Sept. ti, Oct. 27, 1868. 

* Syracuse Daily Journal, Sept. 14, 1868. 

* Syracuse Daily Journal, Sept. 14, 1868. 

* Ogdensburg Daily Journal, Oct. 15, 1868. 

* Syracuse Daily Courier and Union, Oct. 16. 1S68. 



1388 POLITICAL HISTORY OF NEW YORK STATE [388 

The Radical up-State press in general used the September 
and October elections as a moral for the campaign. The 
Albany Evening Journal summed up the issues of the presi- 
dential campaign as follows: i. " Reconstruction is substan- 
tially accomplished. Are you going to approve of it? 2. 
It cost money to put down the Democratic rebellion. Are 
you going to join the Democrats in repudiating the just 
war debts? " ^ It further indicted Seymour on three counts, 
namely, inciting to riot, yielding to rioters their demands 
on the government at the peril of the nation, and threaten- 
ing the President of the United States with the violence of 
the people, if he proceeded in efforts vitally necessary to the 
salvation of the Union." Throughout the campaign the 
Evening Journal especially assailed Seymour for his War 
record and urged Griswold's election because the State was 
in need of a sound financial system.^ But by October 21st 
the Evening Journal apparently gave up hope of electing 
Griswold.* 

Roberts gave the Utica Morning Herald a very conser- 
vative tone, constantly warning the Radicals not to become 
over confident.'' The questions of national import received 
chief attention, especially the idea of State sovereignty. 
Roberts believed in the doctrine of States rights as defined 
by the constitution, but not in State sovereignty.® The only 
matter of State interest to attract continual attention from 
the Morning Herald was the lack of economy under the 
" Ring " in New York City.' The Rochester Daily Demo- 

* Albany Evening Journal, July 17, 1868. 

* Albany Evening Journal, July 17, 1868. 

» Ibid., Sept. 9, 24, 25, Oct. 10, 11, 12, 1868. 

* Ibid., Oct. 21, 1868. 

■^ Utica Morning Herald. Sept. 3, 4, 1868. 

« Ibid., Sept. 9, 1868. 

' Ibid., Sept. 25, 30, Oct. 6, 20, 21, 22, 23, 1868. 



389] THE PRESIDENTIAL CAMPAIGN OF 1868 389 

crat, also, scored the " Ring " in New York City for re- 
sorting to naturalization frauds/ The Daily Democrat in 
the early campaign developed a special fight of its own over 
Lewis Selye, the Radical candidate for Congress from 
Monroe, whom it accused of supporting the Democratic 
cause with money. Although supported by the Rochester 
Union Advertiser' and a host of friends Selye resigned. 
The Daily Democrat, after investigation of the facts, ad- 
mitted that it had said things which it wished were unsaid.^ 
As suggested the Rochester Daily Democrat and the 
Rochester Union Advertiser enlivened their local campaign 
by a merry fight, as did the Express and the Daily Courier 
in Buffalo. The Buffalo Express, aside from giving atten- 
tion to the national campaign, devoted its local interests to 
advocating improvements for the Erie canal and censuring 
Seymour for his opposition to its improvement and en- 
largement.* The Buffalo Daily Courier, advancing the 
usual arguments against the debt and Republican extrava- 
gance,^ reviewed Griswold's War record as a govern- 
ment contractor," and sneered at Grant's statesmanship 
judged by his short speeches. Further, it condoned the 
naturalization frauds in New York City.^ But like its local 
opponent the matter of water ways and their effect on 
Buffalo held its chief local attention. It urged the voters 
of Erie County to remember that Roscoe Conkling voted 
for the Niagara ship canal on May i, 1866, and received 
the United States Senatorship for it. Griswold, also, voted 

* Rochester Daily Democrat, Oct. 6, Nov. 2, 1868. 

* Democratic. 

' Rochester Daily Democrat, Sept. 14, 1868. 

* Ruflfalo Express, Oct. 17, Nov. 2, 1868. 

* Buffalo Daily Courier, Aug. 17, Sept. 11, 1868. 

* Ibid., July 22, 1868. 

' Buffalo Daily Courier, Sept. 7. 1868. 



390 POLITICAL HISTORY OF NEW YORK STATE [390 

for it and was to be made Governor. This ship canal it 
was beHeved would ruin the trade of the Erie and hence 
the shipping of Buffalo.' 

The last event of importance in the up-State campaign 
was the appearance of William H. Seward at his old home 
in Auburn. There on October 31st he made an address to 
his neighbors which caught the attention of every one in 
both parties. Seward had remained silent throughout the 
campaign, a fact which was interpreted to mean disap- 
proval of his party's candidates. The old leader pleaded 
the burden of his duties as Secretary of State and inade- 
quate strength to undertake an active part in the campaign. 
Seward stated that in his belief the late rebel States could 
not be safely intrusted to any men but those " drawn from 
and representing that class of citizens who maintained the 
government in the prosecution of the Civil War and in the 
abolition of slavery." - He reviewed the history of the 
leading political parties, and commended Johnson, but he 
gave slight attention to the candidates before the country. 
Seward's hopeful generalities, in short, manifested little of 
his old mental vigor. " Seward's speech." said Andrew D. 
VVhite^--'" was an unfortunate ending to a great career." ^ 

On the eve and the day of election the Republican journals 
were filled with presentment of the gigantic frauds which 
were to be perpetrated. The county clerk of Orange 
County was under arrest and the county judge was threat- 
ened with arrest over naturalization frauds. In New York 
County the gross frauds which we now know were carried 
on, were violently denounced by the Republican organs to 
no avail. In Brooklyn a severe quarrel broke out between 

' Buffalo Daily Courier Oct. 27, 28, 29, 1868. 
* Seward's Works, vol. v, pp. 540-558. 
^Autobiography of Andrczv D. White, vol. i. pp. 150-51. 



I 



391] THE PRESIDENTIAL CAMPAIGN OF 1868 ^gj 

the two Republican members of the board of police com- 
missioners and the two Democratic members. The action 
of the Democratic members, under the prod of Tammany 
Hall, had served to vitiate the Republicans" endeavors to 
prevent fraudulent registration.^ 

" Choose ye this day whom ye will serve." cried the 
Times on election morning. It summed up its final argu- 
ments as follows : 

John A. Griswold and John T. Hoflfman entered public life 
together as Democrats ; but the former now represents Democ- 
racy as it was, and the latter Democracy as it is. It is the 
diflFerence between the genuine and the sham, between honesty 
and corruption, between purity and Tammany. ... If any 
peace-loving, fraud-hating citizen who claims to keep his neck 
out of the yoke of party allegiance, has had doubts hitherto 
how he ought to vote, surely Mayor Hoffman's proclamation 
ought to dispel them.^ 

' For full account see New York Times, Nov. 3, 1868. 
' Ibid. 



I 



CHAPTER XIV 

Tweed Carries the State by Fraud 

The election over, final results showed that Grant had 
obtained 214 electoral votes in twenty-six States to 80 in 
eight States for Seymour. The disparity in popular votes 
was not so great; Grant received 3.012,833 or 52.71 per 
cent of the total vote, while Seymour was credited with 
2,703,249 or 47.29 per cent. The Republican majority was 
309,584 or 5.42 per cent of the total vote.^ In New York 
State the Democrats profited from the untiring efforts of 
the " Ring ". Grant obtained 419,883 votes, a percentage 
of 49.45, while Seymour received 429,883, a percentage 
^^ 5<^-55- For Governor, Griswold received 411,355, or 
49.40 per cent of the total vote, and Hoffman received 439,- 
301, or 51.60 per cent.^ In spite of the fact that Seymour 

' Tribune Almanac, 1869, p. 88. 

In 1864 Lincoln received 2,223,035 votes, or 55.10 per cent 

McClellan received ... 1,811,754 " " 44.90 " " 
Republican majority... 411,281 " " 10.20 " " 

In i860 Lincoln received 1,866,452 " " 39.87 " " 

Douglas received i,375,i57 " " 29.37 " " 

Breckinridge received. 847,953 " " 18.11 " " 

Bell received 590,631 " " 12.65 " " 

* Ibid., p. 57. The vote on the other State officers was : 
Lieutenant Governor — Alonzo B. Cornell (Republican), 411,670; 
Allen C. Beach (Democrat), 439,327; majority, 27,657. 

Canal Commissioner — Alexander Barkley (Republican), 411,522; 
Oliver Bascom (Democrat), 439,126; majority, 27,604. 

State Prison Inspector — Henry A. Barnum (Republican), 411,850; 
David B. McNeil (Democrat), 438,784; majority, 26,934. 

Clerk of the Court of Appeals — Campbell H. Young (Republican), 
412,080; Edward O. Perrin (Democrat), 438,357; majority, 26,277. 
392 [392 



393] TWEED CARRIES THE STATE BY FRAUD 393 

carried the State by 10,000 and Hoffman by 27,946, the 
Republicans won a majority in both branches of the legis- 
lature and elected eighteen of the thirty-one Congressmen. 
It would be difficult in view of admitted facts not to be- 
lieve that gross frauds were committed by Tweed and his 
satellites. On Tuesday morning a secret circular ^ from the 
Democratic central committee was sent to trusted Demo- 
crats throughout the State, with but one object as the Even- 
ing Post declared, to enable William M. Tweed to estimate 
how many votes would be needed in New York City to de- 
feat the will of the people of the State. Samuel J. Tilden's 
name was signed to this circular." The Evening Post could 
do naught but believe that the signature was a forgery, 
which prediction was substantiated by Tilden's repudiation 
of the circular on the following day in the columns of the 
Evening Post} Yet Tilden could not believe that the cir- 

^ New York Evening Post, Nov. 4, 1868. 
The circular read ; 

" Private and Strictly Confidential " 
" Rooms of the Democratic State Committee 

October 27, 1868. 
" My dear Sir : Please at once to communicate with some reliable 
person in three or four principal towns, and in each city of your 
county, and request him (expense duly arranged for this end) to 
telegraph to William M. Tweed, Tammany Hall, at the minute of 
closing the polls— not waiting for a count — such person's estimate 
of the vote. Let the telegraph be as follows—' This town will give a 
Republican (or Democratic) majority of — .' There is of course an 
important object to be attained. By a simultaneous transmission up 
to the hour of closing the poll, but not longer waiting, opportunity 
can be taken of the usual half-hour lull in telegraphic communication 
over lines before actual results begin to be declared, and before the 
Associated Press absorb the telegraph with returns and interfere with 
individual messages, and give orders to watch carefully the count." 

" Very truly yours, 

" Samuel J. Tilden, Chairman." 

' New Yor^ Evening Post, Nove. 4, 1868. 

» Ibid. 



394 POLITICAL HISTORY OF NEW YORK STATE [394 

cular had any such illegal motive as had been ascribed to it. 
His own charity, however, could not cover the multitude of 
sins of his fellow committeemen. 

The Union League Club after the election charged that 
gigantic frauds had been practised in naturalization, fraud- 
ulent registration and voting. iVndrew D. Wliite and 
Roscoe Conkling spoke of the frauds as well-known facts. ^ 
The Tribune demonstrated how in a single ward votes were 
cast on more than 2,000 fictitious names. ^ The Sun " joined 
with the Tribune, the Evening Post, the Commercial Ad- 
vertiser and the Tijnes in demanding an adequate explana- 
tion of the confidential circular and a searching investiga- 
tion of the frauds. The Sim also published charts which 
manifestly proved the frauds practised by Tammany. In 
New York City and Brooklyn it was a notorious fact that 
the ballots were counted behind closed doors in open de- 
fiance of the law. " False names in thousands were put 
on the registration lists, and on the strength of them re- 
peaters went from precinct to precinct voting early and 
often."* 

" The monstrous frauds," said the Nation, " are per- 
fectly notorious. Their magnitude is such as to make it 
difficult to believe in their existence, and almost impossible 
to overcome their effect. Their existence is not seriously 
disputed." '' The Nation claimed that in New York City a 
total of 50,000 persons had been naturalized, 20,000 to 
25,000 of whom had never gone near the courts, and 10,000 

' Cf. Alexander, A Political History of the State of New York, 
vol. iii, pp. 215-16. New York Tribune, Nov. 23. 1868. Thomas V. 
Cooper, American Politics, vol. iii, p. 180. 

* New York Tribune, Nov. 6, 1868. 

» New York Sun, Nov. 4, 5, 6, 1868. 

* The Nation. Nov. 5, 1868. 

* Ibid., Nov. 12, 1868. 



395] TWEED CARRIES THE STATE BY FRAUD 395 

to 15,000 had never been sworn/ It also claimed that 
20,000 fictitious names had been registered in the cities of 
New York and Brooklyn." 

A Congressional investigation into the New \'ork elec- 
tion frauds was set on foot in pursuance of a memorial 
presented in the senate and the house of representatives 
on December 14, 1868, by a committee representing the 
Union League Club of New York City/' Although the 
committee experienced great difficulties in obtaining rec- 
ords, and arrests were necessar}^ in many cases in order to 

' The Nation, Nov. 12, 1868. Cf. New York City — Government 
Corruption, — a series of 19 pamphlets paying special attention to the 
Tweed Ring. In Columbia University Library. 

' The Nation, Oct. 29, 1868. " The naturalization mill has finished 
Its work for this election, having ground out 35,000 in this city alone. 
Of these, 10,000 are perhaps rightly admitted, 10,000 have passed 
through the machine without having been here five years ; and the 
other 15,000 have never, at any rate, been near the court-room ; indeed, 
from 5,000 to 7,000 of these latter are non-existent. This is what one 
of our upright judges — he was upright at one moment — did one day 
last week. He invited a friend who happened to be in his court- 
room to sit by him while he played a little joke. Then he left calling 
off the names from the list before him and proceeded to call off a long 
string of purely imaginary names invented by himself on the spur of 
the moment : ' John Smith, James Snooks, John Jones, Thomas 
Noakes,' and the like. For every name a man instantly answered, and 
took a certificate. Finally, seeing a person on the other side of the 
room scratching his head, the judge called out, 'George Scratch em.' 
' Here,' responded a voice. ' Take that man outside to scratch,' said 
his honor to the usher; and resumed the more regular manufacture 

of voters At least 10,000 certificates of naturalization have been 

issued for the use of ' repeaters,' and scattered through the State. 
The total number of certificates fraudulently obtained, in this and 
other cities, is at least 25,000 to 30.000. This is a heavy load for 
Grant to carry in this State ; and may be too much for him." 

For a detailed account of the election frauds of 1868 in New York 
City see John 1. Davenport, The election and naturalization frauds 
in New York City, 1860-70, p. 107 et seq. 

•' See Senate Misc. Doc, no. 4, 3d. Sess., 40th Cong. 



396 POLITICAL HISTORY OF NEW YORK STATE [396 

obtain testimony, many witnesses of high and low degree 
were questioned. The committee's report, embodied in 
two volumes/ is illuminating as to the political methods 
in vogue under the Tweed ring. 

Mr. William Lawrence, of Ohio, offered the majority re- 
port on February 23rd. The majority found : i. That many 
thousands of aliens had fraudulently procured, or were fur- 
nished with, certificates of naturalization which had been 
illegally or fraudulently issued in order that they might 
register and vote at the election ; 2. That thousands of cer- 
tificates of naturalization were granted in the names of fic- 
titious persons to enable persons to vote many times at the 
election ; 3. That many hundreds voted from two to forty 
times or more ; 4. That extensive frauds were committed in 
canvassing the ballots, and that the names of Democratic 
voters were entered on the poll lists and counted as if such 
persons had actually voted, when they had not; 5. That the 
accomplishment of these frauds involved gross neglect of 
duty and disregard for the law so great as "to evince that a 
criminal purpose prevailed in some of the courts, while 
officers and Democratic partisans of almost every grade, 
either by official influence, or otherwise, aided, sanctioned, 
or knew of and failed to prevent them." The same influ- 
ences shielded the perpetrators in most cases from detection 
or arrest, and when arrested they have escaped all punish- 
ment through the agency of judicial officers; 6. That 
through these agencies the Democratic electors of the Presi- 
dent and Vice-President and the Democratic candidate for 
Governor of New York were fraudulently elected.^ 

' Reports of Committees of the House of Representatives, 3rd Sess., 
40th Con., vol. ii, no. 31, vol. i, p. 148; vol. iii, no. 41, pp. 149-867, 
1868-69. 

'Reports of Committees, 3rd Sess., 40th Cong., 1868-69, vol. ii, no. 31, 
pp. 1-97. 



397] TWEED CARRIES THE STATE BY FRAUD 397 

The majority found that from 1856 to 1867 the Superior 
Court and the Court of Common Pleas ' had naturalized 
an average of 9,000 persons annually. The Supreme Court 
did not enter into the field of competition until October 6, 
1868. The results for 1868 were found to be as follows: 
the Court of Common Pleas naturalized 3,145. the Superior 
Court, 27,897, and the Supreme Court, 10,070.^ 

As indicative of criminal intent in high judicial places 
the majority found that the clerks ^ of the Supreme and the 
Superior Courts had ordered from the New York Printing 
Company between September 16 and October 23rd, 105,000 
blank applications and 69,000 certificates/ In view of the 
probably well-known, certainly easily ascertainable fact, 
that the average annual naturalization called for less than 
10,000 certificates, it appears strange to find 69,000 or- 
dered. Further the refusal of Justice Barnard of the Su- 
preme Court to sign an order which would enable the com- 
mittee to investigate its records casts grave doubts on its 
honesty.^ Out of 39,000 blank certificates printed for the 
Supreme Court, 27,068 were unaccounted for on February 
17, 1869." 

It appears from the testimony that Justice John R. Brady 
of the Supreme Court claimed that five minutes was neces- 
sary in order to properly examine an applicant. Judge 
Charles P. Daly, of the Court of Common Pleas, likewise 

' The Report spoke of the Court of Common Pleas as an honest 
court. Ibid., vol. ii, no. 31, p. 22. 
- Ibid., vol. ii, pp. 10-12. 

* For a complete list of the various city officials in 1870 see Town- 
send, New York in Bondage, pp. 4I-45' 

* Reports, vol. ii, no. 31, pp. 12-13. 

* Realizing the futility of such a move the Committee did not call 
Justice Barnard to testify, and he did not volunteer, in spite of the 
open charges against him. Ibid., vol. ii, p. 26. 

^'Reports, vol. ii, no. 31, p. 28. See The Natioyi, March 4, i86g. 



398 POLITICAL HISTORY OF NEW YORK STATE [398 

claimed that it took from three to five minutes. But Judge 
John McCunn, of the Superior Court, stated that he could 
examine an applicant in thirty seconds. Judge McCunn also 
stated that he had frequently held court at eleven to twelve 
o'clock at night in order to oblige those aliens who were so 
anxious to become American citizens. 

The number of those naturalized for several days in the 
Supreme Court, where Justices George G. Barnard and 
Albert Cardozo sat, follows: 2,109, 1.868, 1.856, and 1,842. 
Colonel Archibald M. Bliss testified that he had witnessed 
batches of 150 to 200 foreigners brought before the bar of 
Justice Barnard's court and sworn in with no attempt made 
to identify them. A Bible was held up in the middle of a 
group by an attendant and only those nearby could touch it. 
This process was rapidly repeated many times while Col- 
onel Bliss was there. At length an order was given to 
clear the room, Barnard having become aware of Bliss's 
presence.^ Regarding Judge McCunn's court, testimony 
was given to show that the applicants were not permitted to 
enter the court room. Gangs of witnesses alone were per- 
mitted to enter, who swore to the identity of the applicants 
outside ; the latter were thereupon given their certificates 
upon payment of the fee demanded by Tammany. 

The management of these huge frauds was in the hands 
of a naturalization committee appointed by Tammany, the 
chainnan of which was Judge Moses D. Gale, whose up- 
rightness and purity of character the minority report com- 
mended. This committee had its main ofifice at the comer 
of Centre Street and Tryon Row, with branch offices 
throughout the city. A subcommittee to handle the Ger- 
man naturalization was presided over by one Benjamin B. 
Rosenberg.^ with an office at 6 Centre Street. This latter 

'^Reports, vol. iii, no. 41, pp. 119-120; vol. ii, no. 31, p. 24. 

* Afterwards indicted for fraud in connection with naturalization. 



399 J TWEED CARRIES THE STATE BY FRAUD ^gg 

office appears from the testimony to have been the most 
active in procuring from the Supreme Court, selHng and 
distributing certificates, and " red tickets " prepared by 
Tammany to pay the clerk fees/ 

Additional evidence was advanced by the majority to 
show how the gangs of repeaters were able to cast numer- 
ous ballots. To bring this about proved easy for Sheriff 
James O'Brien, who appointed 2,000 toughs as special 
deputies on election day.^ Wherever it was attempted to 
stop ballot-box stuffing, or a repeater was challenged, the 
daring Republican watcher was promptly subjected to the 
arts of the Bowery tough. ^ In cases where arrests were 
made the party under arrest was taken before one of the 
courts subsidized by Tweed, practical immunity from pun- 
ishment being the result.* 

One gathers an entirely different impression when con- 
sidering the minority report of the Congressional committee.'' 
But two members of the committee concurred in this report, 
namely, Mr. M. C. Kerr and Mr. L. W. Ross, who spoke 
of the facts of the majority report as a stock of " stale slan- 
ders " gleaned from witnesses who were liars, swindlers 
and altogether beneath contempt. The minority report at- 
tempted to cast doubt on the veracity of all the majority's 
witnesses through having impeached certain of them, 
doubtless with witnesses also impeachable. The testimony 
of Mayor A. Oakey Hall ® and of Tweed himself ^ was en- 

^ Reports, vol. ii, no. 31, p. 15; also vol. iii, no. 41, question no ;i3; 
pp. 29, 699, 685. 2062. 2453. 3477, 3409. 3006. 3422, 3004, 3547. 
^ Ibid., vol. ii, no. 31, p. 55. 
^ Ibid., vol. ii, pp. 47, 49. 50 Cf. Evidence, pp. 362, c. 86. 

* Reports, no. 31, p. 57. 

* Ibid., pp. 99-148. 

* Ibid., no. 41, p. 335. 
' Ibid., p. 266. 



400 POLITICAL HISTORY OF NEW YORK STATE [400 

larged upon as proof that only minor irregularities had oc- 
curred in the election. The minority admitted that certain 
frauds had occurred but asserted that the fraudulent vote 
in the election of 1868 did not exceed 1,500 to 2,000 and of 
that number there were as many Republicans as Democrats 
concerned. 

The minority report was Hobbesian in the extreme : "the 
very constitution of man inclines him," it said, " be he Re- 
publican or Democrat, to villainous devices of all kinds to 
advance his selfish interests." It then attempted to show 
that the majority had used figures unfairly ^ and that the 
Republicans were directly responsible for having produced 
any congestion in the naturalization courts, through having 
passed a law in 1865 which required every naturalized per- 
son to show a certificate before he could register and vote. 
Moreover, the minority explained the increased naturaliza- 
tion on the grounds of increased population and had a plaus- 
ible answer for the greater output in naturalizations by the 
Supreme and Superior Courts than the Court of Common 
Pleas by pointing out that the former courts had a greater 
number of judges than the latter. Chief emphasis was 
placed by the minority on the following statement : " We 
invite especial attention to the important fact which we de- 
sire to emphasize, that it is not, in our entire record, satis- 
factorily shown by credible or unimpeached testimony, that 
any one or more clerks, judges, or other officers of any of 
the courts was, with knowledge, directly or indirectly a 
party to or participant in a single one of these frauds." ^ 

Regarding the election frauds in New York City the 
Commercial Advertiser was inclined to blame the Repub- 
licans for lack of the proper organization to prevent fraud.^ 

' Report, no. 31, p. 124. ' Ibid., p. 114. 

* New York Commercial Advertiser, Nov. 4, 1868. Cf. P. B. Sweeny, 
On the ring frauds and other public questions; taken from his inter- 
views and other papers (New York, 1894), passim. 



40l] TWEED CARRIES THE STATE BY FRAUD 401 

It Stated that in many of the Democratic strongholds no 
challengers were provided nor were lists checked off. It 
was severe on Republican inspectors of elections and poll 
clerks many of whom, it claimed, must have connived with 
the Democrats in fraud, or have been woefully stupid or 
timid. ^ Moreover, it poked fun at the Union Republican 
central committee, which drew up windy resolutions, and 
gave the committee credit for a large share of the defeat of 
the people by ballot-box stuffing because it failed to pro- 
vide proper election machinery.^ 

On the other hand, the Siin,^ the Evening Post,* the 
Times ^ and the Tribune,^ were loud in their denunciations, 
demanding a thorough investigation and punishment for 
those convicted. From a perusal of the World immediately 
after election one would never suspect that there had been 
aught irregular in the vote. Later it denied in toto any 
ballot-box stuffing on the part of the Democrats and laughed 
at the absurdity of the Radicals having a majority in New 
York City.' 

The editorial opinion as to the results of the election 
varied. The Times predicted that the Reconstruction meas- 
ures would now have a fair trial. It believed that the 
Democrats of the State had cared comparatively little for 
the Presidency which they had despaired of winning after 
the October elections, but that they were abundantly con- 
soled over the defeat of Seymour by the election of Hoff- 
man. Tammany had played its game with successful 

' New York Commercial Advertiser, Nov. 4, 1868. 

» Ibid., Nov. 5, 1863. 

' New York Sun, Nov. 4-10, 1868. 

* New York Evening Post, Nov. 3-8, 1868. 
' New York Times, Nov. 3-12, 1868. 

• New York Tribune, Nov. 3-10, 1868. 
» New York World, Nov. 5, 1868. 



402 POLITICAL HISTORY OF NEW YORK STATE [402 

adroitness in dictating the national platform and candi- 
dates, thus destroying all chances of a national success, and 
bending all of its energies to the election of Hoffman/ 

The Evening Post saw in Grant's election the determin- 
ation of the American people that Congress must not be 
coerced.^ " The bare success of a candidate," thought the 
Sun, 

whose platform and policy are embodied in the phrase, ' Let 
us have peace,' will cause the waves of passion and violence 
in the Southern States to sink in repose. ... As to recon- 
struction, the triumph of Grant and the defeat of Seymour, in 
a manner so signal and conclusive, will of themselves solve 
the problem.^ 

Next to turning his editorial batteries against the frauds 
perpetrated on election day in New York City, Horace 
Greeley found huge delight in condoling with Horatio Sey- 
mour over his defeat. Tt may be that Greeley's tender min- 
istrations to Seymour loomed larger to him than did his 
concern over the debauchery of the suffrage. Nationally 
Greeley saw in the election of Grant the settlement of the 
questions of "Union, Peace and Equal Rights for all men".* 

Thurlow Weed found that the campaign had been apa- 
thetic considering the tremendous issues at stake, the char- 
acter of the opposing leaders and the unsettled condition of 
the country; when contrasted with previous presidential 
contests.^ Weed conceived two reasons for this, namely, 
that the course of Tammany in their national convention 
together with the platform and candidates put forth de- 

1 New York Times, Nov. 5, 1868. 

' New York Evening Post, Nov. 4, 1868. 

*Ncw York Sun, Nov. 4, 1868. 

* New York Tribune, Nov. 6, 1868. 

* New York Commercial Advertiser, Nov. 3, 1868. 



403] TWEED CARRIES THE STATE BY FRAUD 403 

f eated the Democrats nationally from the start ; and second, 
that the prolonged excitement through which the country- 
had gone at the beginning of the campaign had reacted 
against the Democrats/ That Grant would furnish a care- 
ful administration and would rehabilitate the Southern 
States with their rights in the Union, was the conviction of 
Weed.' 

Still clinging to its old love. Chief Justice Chase, the 
Herald in commenting on the election expressed its belief 
that Chase might have won over Grant had he been nomi- 
nated.^ The suggestion of Chase's name was considered 
by the World to have been in every way unfortunate for 
the candidacy of Seymour, in preventing the practical views 
of Seymour from receiving a fair hearing before the coun- 
try in the early summer.* 

The World especially praised Seymour for pitching the 
canvass in a moderate key, but it credited him with an 
error in so long and so persistently refusing to permit the 
use of his name as a candidate. It congratulated the Demo- 
crats of the United States upon the battle they had fought 
in behalf of " Representative Self -Government, Liberty 
and Economy, the Union and its Peace." " With all our 
hearts we applaud and honor them for the manful and un- 
wearied blows they have dealt at disunion, revolution, m.ili- 
tary despotism, corruption and fraud. "° In giving Sey- 
mour its cordial good wishes as he re-entered private life, 
the World claimed that the Democratic party would be 
forced to acknowledge him as the wisest and most sagacious 
of all Democratic leaders when sufficient time had elapsed.® 

• New York Commercial Advertiser, Nov. 3, 1868. 
» Ibid., Nov. 4, 1868. 

» New York Herald, Nov. 5, 1868. 

* New York World, Nov. 5, 1868. 

6 Ibid., Nov. 4, 1868. * Ibid., Nov. 5, 1868. 



404 POLITICAL HISTORY OF NEW YORK STATE [404 

May we leave the question, has time borne out the World's 
prediction ? 

THE NEW YORK CITY CHARTER ELECTION OF 1868 

On Tuesday, December 2, 1868, the election for charter 
officers of New York City was held. The election passed" 
off quietly and created little interest. Republicans were 
nominated for all the offices, but having exercised them- 
selves thus far, apparently, the Republicans and enemies of 
Tammany considered it useless to exert themselves further. 
As the vote shows most of them remained away from the 
polls. 

The candidate for mayor was to be elected for one year 
only to fill out the unexpired term of Hoffman. On 
Monday, November 23rd, Tammany nominated A. Oakey 
Hall, who was then representing it as district attorney. 
Hall was one of Tweed's bright young men, being advanced 
to the mayoralty so that he could act as a polished, genteel 
headpiece for the " Ring ". Four years later upon the 
overthrow of Tweed, Hall was forced to flee to Europe. 

The Republicans nominated Colonel Frederick A. Conk- 
ling,^ formerly a prominent merchant, an ex-member of the 
Assembly and of Congress, who accepted the nomination in 
face of inevitable defeat. Neither the Democratic Union 
party nor the Mozart Hall faction of the Democrats was 
able to find a candidate to run against Tammany. At 
length, on November 27th, after the Hon. Andrew H. 
Green and the Hon. John Kelly ^ had declined, Conkling 
received the nominations of the Constitutional Union 
Democracy and of the Democratic Union party.® 

' Colonel Conkling had served in the Civil War at the head of the 
84th Regiment of National Guards. 

^ The Democratic Union party had made a strong pre-convention 
fight to nominate John Kelly for Mayor on the Tammany ticket. On 
its failure Kelly withdrew. 

' New York Sun, Nov. 28, 1868. 



405] TWEED CARRIES THE STATE BY FRAUD 405 

For corporation counsel Tammany renominated Richard 
O'Gorman. Mozart failed to agree to O'Gorman's renomi- 
nation because, as it appears, O'Gorman was not willing to 
give Fernando Wood a rental of $18,000 for some rooms 
on Nassau Street.^ The Republicans experienced difficulty 
in finding a person who w^ould accept the barren honor of a 
nomination for corporation counsel. Nevertheless, on No- 
vember 27th, Dorman B. Eaton was persuaded to accept. 
Aldermen, assistant aldermen, school commissioners and 
school trustees were among the other officers to be voted 
for. Practically no campaigning was done by either side, 
ward conflicts stirring up what little interest was displayed. 

For Mayor, A. Oakey Hall received a total of 75,109 
votes to 20,835 cast for Frederick A. Conkling.^ Richard 
O'Gorman was elected over Dorman B. Eaton by a ma- 
jority of 53,915 votes.^ Between the November and De- 
cember elections the Republican vote in New York City 
fell off 22,537 or nearly 52 per cent of the vote for Gov- 
ernor, while the Democratic vote fell off 37,413 or 32.26 
per cent* 

The S2in was the only leading paper which ran editorials 
on the charter election. Though beaten, it maintained that 
neither the Republican party nor its candidates had any- 
thing to regret in connection with the contest.^ The Herald 
made but a perfunctory plea for good government and ex- 
hibited no surprise at the election results. The Times, al- 
though it considered Hall a genial gentleman, a man of 
reading and of culture, personally honest and always dis- 
posed to do what the public welfare might require, stated 

1 New York Sitn, Nov. 24, 1868. 

2 Tribune Almanac, 1869, p. 62. 

3 O'Gorman received 74,704, Eaton, 20,789. 

* Tribune Almanac, op. cit. 

* New York Sun, Dec. 2, 1868. 



4o6 POLITICAL HISTORY OF NEW YORK STATE [406 

that he would have as little to say in the management of the 
City as the first man he would meet on Broadway/ The 
Times prediction proved only too true. 

1 New York Times, Dec. 2, 1868. 



CHAPTER XV ; 

Conclusion 

During the period from the close of the Civil War to 
1869, when the Democrats gained control of the State ad- 
ministration, the national administration at Washington 
was forced to give New York, among the Northern States, 
its chief attention. Instead of the Empire State, with its 
great wealth and resources, giving potent aid to the na- 
tional administration in attempting a speedy settlement of 
the Reconstruction problems, the State was divided mto 
two hostile camps over the question of the President's 
policy. New York, indeed, from 1865 to 1869 was in the 
process of a political reconstruction, which corresponds 
with and bears relationship to the wider early Reconstruc- 
tion period in the South. 

The closeness of this relationship may be suggested. 
New York, on the one hand, was the home of one of the 
most bitter and active groups hostile to President Johnson's 
Reconstruction policy, namely, Horace Greeley, Reuben E. 
Fenton and Roscoe Conkling. Likewise, on the other hand, 
it was the home of the President's strongest group of sup- 
porters, the New York triumvirate, composed of William 
H. Seward, Thurlow Weed and Henry J. Raymond. 
Johnson relied upon the support of Raymond in Congress 
to defend the Presidential policy, and upon Seward and 
Weed to hold the balance in New York State against the 
Radicals. 

In the Philadelphia Convention, August, 1866, we find 
the most important expression of political transformation 
407] 407 



4o8 POLITICAL HISTORY OF NEW YORK STATE [408 

which made the period from 1865 to 1869 distinctive in 
political annals. The Philadelphia principle was to a de- 
gree foreshadowed by the change of policy which the 
Democrats of New York developed in 1865. The mtta- 
morphosis was complete. With one stroke of the pen the 
Democrats freed themselves from the War issues and be- 
came firm supporters of the President's policy. With one 
stroke of the guillotine they rid the party of the men re- 
sponsible for the party's defeat. The Democrats, as firm 
disciples of President Johnson's policy, were thus prepared 
to coalesce with the Philadelphia movement in 1866. 

It has been shown how Johnson's attempt to patch his 
political fences by a union of Democrats and Conservative 
Republicans failed to win for him the necessary support in 
Congress to carry out his policy. However, in New York 
the Philadelphia principle had its most fruitful results. The 
Albany convention in 1866 was the New York expression 
of the Philadelphia principle. However, the New York 
Democrats, who had emerged from the War with at least 
as much strength as when they entered, due largely to the 
Seymour administration and the draft riots, were merely 
trimming their sails for the breeze. The Democratic 
transformation was of the tongue, rather than the heart. 
Hoffman, the Tammany candidate, who was nominated by 
a ruse over General John A. Dix, the logical candidate of 
the Philadelphia principle, represented neither the princi- 
ples nor the purposes of the Philadelphia Convention. 

To many the question presented in this period was, 
whether the State would be safer in the hands of the Con- 
servative Republicans and Democrats of the Dix type, than 
under Fenton and the Radicals. The Democratic leaders 
of the State appeared to be thoroughly alarmed over the 
distance to which the Philadelphia movement was carrying 
them. In their convention of 1866, and in the campaign, 



409] CONCLUSION 409 

the Democratic leaders made it apparent that they had en- 
dorsed the Philadelphia movement to get into power — not 
to give Dix and the Conservatives of the Republican or 
Democratic parties the control of the State. Nevertheless, 
it must be said that the New York Democrats appeared to 
have been sincere in their endorsement of the President's 
policy. 

Moreover, the Philadelphia principle was doubly a fail- 
ure in that its leading backers lost caste with the Republican 
party. Raymond failed to lead the President's policy to 
victory in the House, and as a result of his Philadelphia 
speech was read out of the Republican party, although, at 
this day when the Reconstruction passions are largely al- 
layed it is difficult to find the objectionable features in his 
address. Seward, as the originator, in part, of Johnson's 
policy and as the defender of the constitutionality of the 
President's vetoes, came in for his share of unpopularity. 
Seward's friends, at first, thought that he remained in the 
Cabinet to dispose of diplomatic questions which the War 
had left unsettled, but after his speech at Auburn on May 
22, 1866, and finally his address to his neighbors on Oc- 
tober 31, 1868, his open support of Johnson and weak at- 
tempts to reconcile the jarring elements shut him off com- 
pletely from the party which he had so gallantly led. That 
Seward's grasp had become nerveless was apparent. It 
caused a wave of sadness to sweep over many of his some- 
time admirers to see the inroads of age, but, especially, to 
see his marytrdom to the cause of an impolitic and unyield- 
ing President. Thurlow Weed remained true to the Phila- 
delphia principle in the campaign of 1866, voting for Hoff- 
man. Raymond, however, could no longer stand the in- 
consistencies of the President's course and gave the support 
of the Times to the Republicans. 

Although the Democrats did not have their machine suf- 



4IO POLITICAL HISTORY OF NEW YORK STATE [410 

ficiently organized to elect Hoffman in 1866, the manifest 
growth and strength of the Democracy in New York State 
should have given the Republicans warning, but they gave 
no heed. Seward was discredited, Conkling was promoted 
to the United States Senate, that the State might have a 
voice, and Fenton was conspicuously trusted. The faith 
of the Republicans in Fenton proved to be ill-placed. Fen- 
ton was of low origin, a man of small calibre and a poli- 
tician merely. To his mal-administration may be credited, 
for the most part, the loss of the State to the Democrats, 
and the furnishing of the opportunity for the Democrats to 
give their period of control succeeding 1868 an unendmg 
notoriety. 

The first distinctive feature, then, of this period from 
1865 to 1869 ii^ New York State was the attempt of the 
Democracy to rehabilitate itself and co-operate with the 
Southern States against Radical Reconstruction under 
cover of a union with the Conservative Republicans, based 
on the Philadelphia platform. The second distinctive 
feature of this period from 1865- 1869 was the rise in 
power of the Democrats of the State under the direction of 
Tammany Hall. Hoffman's appearance in State politics and 
his election to the governorship in 1868 marked the begin- 
ning of a new era in Democratic control. 

In spite of the fact that fraudulent registration and 
illegal voting materially aided in the Republican defeat of 
1867, the presence of large Democratic gains up-State 
showed that the Republican defeat was due to other causes. 
Among these causes which produced the tidal wave of 
public sentiment in favor of the Democrats may be at- 
tributed broadly : the general disgust of the Conservative 
Republicans and Democrats with the leadership of men 
like Stevens, Sumner and Greeley; the treatment of Recon- 
struction to the exclusion of other matters of national in- 



41 1 ] CONCLUSION 411 

terest; the loss of faith in the RepubHcan State party 
because of corruption in office and corrupt nominees; the 
Republican advocacy of the excise law and the metropolitan 
ordinances; the abandonment of the principles of the War 
irrespective of party, and the general apathy v^ithin the 
Radical ranks. Republican sentiment in general showed 
that the rebuke was merited on account of their cowardice 
on negro suffrage in the Constitutional and State conven- 
tions, and because of the host of political adventurers who 
had been attracted to the party for selfish purposes. 

The reality and strength of the organization which the 
Democrats had been building during this period of trans- 
formation from 1865 to 1869 was made manifest when the 
State was carried by Seymour over Grant by 10,000 votes 
and by Hoffman over Griswold by 27,946. It is true that 
the Republicans anticipated huge naturalization frauds, that 
the United States District Court took cognizance of the 
matter, that the secret circular was sent out, and that un- 
doubted frauds were revealed by the Congressional inves- 
tigation committee ; nevertheless, it is equally true that the 
Democrats of New York City and up-State had reorgan- 
ized and rehabilitated their party to the extent that they 
were able to effectively defeat the Republicans of the State 
by taking advantage of the public disgust with the Radical 
Fenton administration. The maladministration of the 
canals under Fenton, the venality of the legislature as re- 
vealed in the Erie war, and the notoriously corrupt char- 
acter of many of the Republican candidates and officials 
recognized by Fenton, made a stench in the public's nostrils 
which counteract the remembrance of Copperheadism. 

The Democratic victory in 1868 in New York, then, 
marks the end of an era of readjustment and transforma- 
tion in the Democratic ranks and the beginning of a new 
era in the control of the State. The exposures of 1871 



412 POLITICAL HISTORY OF NEW YORK STATE [412 

which resulted in the overthrow of the Tweed ring, dis- 
closed the powerful political mechanism which had been 
constructed in the State under Tammany from 1865- 1869. 
Likewise, the prosecution of the canal ring in 1874-5 by 
Tilden disclosed roots which extended deeply into Fenton's 
administrations from 1864- 1868. It is to be seen, thus, 
that both parties were open to and suffered from the manip- 
ulations of corrupt men who were able to make use of the 
transitory period from 1865-1869 to organize under cover 
of the general social, industrial and political disturbance 
of the period. It is safe to say that neither a Tweed ring, 
nor a Fenton administration would be tolerated at the pres- 
ent day. The plane of public sentiment is unquestionably 
higher than it was during the chaotic days of the early Re- 
construction period, when fraud was rife in both the State 
and national administrations. 

In 1868 we find new groupings of party leaders. Among 
the Democrats, Horatio Seymour had finally lost counten- 
ance as a national leader. In 1865 the Republican party 
was suffering from the dissensions largely attributable to 
Thurlow Weed through the Civil War period, but by J 868 
he had practically lost his power with both the Democrats 
and Republicans. Samuel J. Tilden was aspiring to Sey- 
mour's place in the Democratic national party, a position 
which Tilden attained in the following decade. In New 
York State, Hoffman was the nominal head of the Democ- 
racy. However, as is known now, and as was generally 
suspected then, Tweed was the power behind the throne, a 
power, however, which was closely contested by the up- 
State Democrats and by Samuel J. Tilden. 

Among the Republicans in 1868, we find that the power- 
ful machine which Fenton had constructed had been 
chiefly destroyed. Notwithstanding, Fenton was able to 
secure his election to the United States Senate in January, 



413] CONCLUSION 413 

1869, where, however, he came into abrupt collision with 
Roscoe Conkling. The State machine which Conkling had 
been organizing in opposition to Fenton beginning in 1867, 
was unquestionably in the ascendant in 1868 and was domi- 
nant in the era following 1868. Horace Greeley, although 
he made an uncertain leader, was still a power in Repub- 
lican ranks through his control of the Tribune. His in- 
satiable desire for public office led him to defeat at the 
hands of Conkling in 1867, and, also, in 1868 through the 
treachery of Fenton. Nevertheless, he covered his wounds, 
biding his time until he led the Liberal Republican move- 
ment in 1872. Henry J. Raymond kept the Times in accord 
with the Republican party, but he remained outside the 
breastworks personally, making no attempt to renew his 
former relationship with the party. Blaine claimed that 
Raymond's parliamentary failure was a keen disappoint- 
ment to him and tended to cut short his useful life. 

With the failure of the Philadelphia principle, and of the 
Democrats singly, to evolve out of chaos of the period of 
1 865- 1 869 an organization sufficient to overcome the popu- 
larity of a great military hero, the Radicals were assured 
that they could drink the cup of vengeance to the^ full. 
Had Seymour and Blair been elected in 1868, it is fair to 
assume that certain of the previous Reconstruction acts of 
the Radical Congress would have been abrogated or 
amended, and that the readjustment of the difficult situa- 
tions in the South would have followed more natural lines. 
What effect this would have had upon the political and 
economic condition of the South it is impossible to state. 
It would seem, nevertheless, that there would have been less 
bloodshed, less sectional hatred engendered, a saner and 
speedier conception of what was for the best interests of 
the nation as a whole, had an administration been returned 
other than that of the Radicals. 



BIBLIOGRAPHICAL NOTE 



The bibliography which follows is aimed merely to suggest the main 
groups of material consulted on the period. No attempt has been 
made at completeness. 

I. NEWSPAPERS 

*Albany Argus 1865-68 

*Albany Evening Journal 1855-68 

Albany Freeholder 1845-54 

Auburn Advertiser 1865 

*Binghamton Daily Republican 1865-68 

Boston ( Mass.) Post i858 

Boston (Mass.) Transcript 1865 

Bridgeport (Conn.) Standard i858 

Brooklyn Union 1868 

*Broome Weekly Republican 1865-68 

*Bufifalo Commercial Advertiser 1865-68 

Buffalo Daily Courier 1865-68 

*Buffalo Express 1865-68 

Cincinnati (O.) Commercial l858 

Cincinnati (O.) Gazette 186S 

Cincinnati (O.) Enquirer 1868 

Charleston (S. C.) Courier 1867 

Charleston ( S. C.) Mercury 1868 

Chautauqua Democrat 1867 

Chicago ( 111. ) Republican 1867 

Chicago (111.) Times 186S 

Chicago (111.) Tribune 1868 

Columbus (O.) Statesman 1868 

Des Moines ( la.) Statesman 1868 

Elmira Daily Advertiser 1865 

Hartford (Conn.) Courant 1868 

Hartford (Conn.) Times 1868 

Hudson Register 1866 

Lancaster (Pa.) Intelligencer 1868 

Newark (N. J.) Democrat 1868 

Newburgh Press 1866 

414 [414 



415] BIBLIOGRAPHICAL NOTE 415 

New York Citizen 1868 

*New York Commercial Advertiser 1865-6S 

*New York Evening Post 1865-68 

*New York Herald 1865-68 

New York News 1865 

*New York Sun 1867-68 

♦New York Times 1865-68 

*New York Tribune 1864-68 

*New York World 1865-68 

*Ogdensburg Daily Journal 1865-68 

Penn Yan Chronicle 1867 

Philadelphia (Pa.) Press 1868 

Providence (R. I.) Journal 1868 

♦Rochester Daily Democrat 1865-68 

♦Rochester Daily Union and Advertiser 1835-68 

Springfield (Mass.) Republican 1865,68 

♦Syracuse Daily Courier and Union 1865-68 

♦Syracuse Daily Journal 1865-68 

♦Syracuse Daily Standard 1865-68 

*The Independent, New York 1866-68 

The Universe, Philadelphia 1866 

Toledo (O.) Blade 1868 

Troy Daily Times 1865 

Troy Press 1866 

♦Utica Daily Observer 1865-68 

♦Utica Morning Herald 1865-68 

Washington (D. C.) Chronicle 1867 

Washington (D. C.) National Intelligencer 1868 

Wilmington (N. C.) Journal 1868 

The starred papers in the above list have been closely followed for 
the period. Of the New York City papers: the Times (Henry J. 
Raymond), the Tribune (Horace Greeley), and the Evening Post 
(Parke Godwin), were found to be the most reliable Republican or- 
gans; the World (Manton Marble), the only reliable Democratic or- 
gan; the Herald (James Gordon Bennett), purporting to be independ- 
ent and paying chief attention to politics, was in a state of unstable 
equilibrium; the Commercial Advertiser (Thurlow Weed), was quasi- 
Democratic, independent and Republican at different periods; the Sun 
(Charles A. Dana), claiming to be independent developed decided 
leanings towards Democracy; and The Independent (Theodore 
Tilton), although it represented the religious and conscientious part 
of the community, belied its name, for its editorials were pre-eminently 
partisan. The up-State journals of both parties were apt to follow the 
editorial trend of the New York City papers. There were several 



41 6 BIBLIOGRAPHICAL NOTE [416 

notable exceptions, however, to this statement. Although Thurlow 
Weed had ceased his control of the Albany Evening Journal, that 
organ still exerted a great control over the State. William Cassidy, 
of the Albany Argus, was perhaps the leading Democratic up-State 
editor. Ellis H. Roberts, of the Utica Morning Herald, and Carroll 
E. Smith of the Syracuse Daily Journal, were the rivals for the 
editorial leadership of the up-State Republican press. All three were 
molders of public opinion. 

II. MAGAZINES 

American Historical Review. The, 14 vols. N. Y., 1910. 
Harper's Weekly, 1865-68. Harper Brothers, N. Y. 
Nation, The, 1865-68, vii vols. E. L. Godkin & Co., N. Y. 
Tribune Almanac. New York, 1864-68. 
World Almanac. New York, 1865-68. 

III. LAWS— NEW YORK STATE 

for the following years: 1832, '41, '43, '44, '45, '46, '50. '54, '55, '56, '57, 
'60, '61, '64, '65, '66, '68, '70, '92, '96 and '98. 

IV. CASES 

Board of Excise v. Merchant, 103 N. Y. 143. 

Dawson v. Horan, 51 Barb. 459. 

Knight V. Campbell, 62 Barb. 16. 

Metropolitan Board of Excise v. John Harris et al., 34 N. Y. 657. 

People V. Burleigh, i N. Y. Crim. Rep. 522. 

People V. Clarke, 13 N. Y. 378. 

People V. Grant, 12 How. Pr. 83. 

People V. Lyon, 27 Hun. 180. 

People V. Van Rensselaer et al., 9 N. Y. 291. 

Rodman v. Munson, 13 Barb. 188. 

Wynehamer v. People, 13 N. Y. 378. 

V. DOCUMENTS 

Annual Report of the Adjutant General of the State of New York. 

Albany, 1865. 
Annual Report of the American Historical Association. New York, 

1886 et seq.; Washington, 1890 et seq. 
Annual Report of the Chamber of Commerce, ii parts. New York, 

1865. 
Annual Report of the City Superintendent of Schools. New York, 

1865-66. 
Annual Report of the Finance Committee of the Board of Education. 

Nev/ York. 1865-66. 



417] BIBLIOGRAPHICAL NOTE 417 

Annual Report of the Superintendent of the Banking Department of 

the State of New York. Albany, 1866. 
Assembly Documents. Albany, 1840-55. 
Assembly Documents. Albany, 1866. 
Assembly Documents. Albany, 1868. 
Census of the State of New York for 1865, edited by Franklin B. 

Hugh. Albany, 1866. 
City Mission and Tract Society Reports. New York, 1865. 
Constitutional Convention of 1867-68, The. Documents. Albany, 1868. 
Constitutional Convention of 1894, Revised Records of the. Albany, 

1895. 
Constitutional Convention Proceedings, 1846. Albany, 1847. 
Constitutional Proceedings and Debates. Albany, 1868. 
Eighth Census of the United States. Washington, i860. 
Executive Documents, ist Sess., 39lh Cong. Washington, 1865. 
Gazetteer of the State of New York, edited by Franklin B. Hugh. 

Albany, 1873. 
Journal of the Constitutional Commission of 1872-3. Albany, 1873. 
Legislative Assembly Journal, Albany, 1846. 
Legislative Assembly Journal, Albany, 1864. 

Messages and Papers of the Presidents, edited by James D. Richard- 
son, X vols. Washington, 1896. 
Messages from the Governors, State of New York, edited by Charles 

Z. Lincoln, xi vols. Albany, 1909. 
New York State Comptroller's Report. Albany, 1866. 
Reports of Committees of the House of Representatives, 3rd Sess., 

40th Cong. Washington, 1869. 
Report of the Committee on Volunteering of the County of New York, 

ii vols. New York, 1866. 
Report of the Council of Hygiene and Public Health of the Citizens 

Association of New York upon the sanitary condition of the city. 

New York, 1865. 
Report of the State Commissioner of Banks. Albany, 1867. 
Report of the Superintendent of Public Instruction. New York 1866. 
Selected Documents of United States History, edited by William 

MacDonald, iii vols. New York, 1907. 
Senate Documents. Albany, 1835-1851. 
Senate Documents. Albany, 1865. 
Senate Documents. Albany, 1866. 
Senate Documents. Albany, 1868. 
Senate Documents. Albany, 1869. 

Senate Executive Documents, ist Sess, 39th Cong. Washington, 1866. 
Senate Miscellaneous Documents, 3rd Sess., 40th Cong. Washington, 
1869. 



4l8 BIBLIOGRAPHICAL NOTE [^ig 

Temperance Convention, Proceedings of the Fifth National, 1865. 

New York, 1865. 
Temperance Convention, Proceedings of the Sixth National, 1868. 

New York, 1868. 
United States Congress Report, New York election frauds, Feb. 23, 

1869, edited by William Lawrence. Washington, 1869. 

VI. MISCELLANEOUS 

HISTORIES, WORKS, SPEECHES, AND BIOGRAPHIES OF CONTEMPORARY 
STATESMEN AND POLITICIANS 

With the exception of Alexander, A Political History of the State 
of New York, vol. iii, which covers the period of this monograph in 
a brief popular treatment, most of the books listed below contain 
little of direct value for our purpose. Indirectly they are of value 
in giving side-lights on the various politicians, and the general political 
movements of the Stale in relation to the broader national movements. 

Adams, Jr., Charles Francis, Chapters of Erie. Boston, 1871. 
Alexander, De Alva Stanwood, A Political History of the State of 

New York, iii vols. New York, 1909. 
Appleton's Annual Encyclopedia or The American Annual Cyclopedia. 

New York, 1865-9. 
Autobiography of Andrew Dickson White, ii vols. New York, 1905. 
Autobiography of Oliver Otis Howard, ii vols. New York, 1907. 
Badeau, Adam, Grant in Peace. Hartford, 1887. 
Bancroft, Frederic, Life of Seward, ii vols. New York, igoo. 
Bancroft, Frederic, The Negro in Politics. New York, 1885. 
Bench and Bar of New York, History of the, edited by Board of 

Editors, ii vols. New York, 1897. 
Bigelow, John, The Life of Samuel J. Tilden, ii vols. New York, 1895. 
Biography, The National Cyclopedia of American, xv vols. New 

York, 1893-9. 
Bishop, Joseph Bucklin, Our Political Drama. New York, 1904. 
Blaine, James G., Twenty Years of Congress, ii vols. Norwich, Conn., 

1884. 
Breen, Matthew R., Thirty Years of New York Politics. New York, 

1899. 
Brummer, Sidney D., A Political History of New York during the 

Civil War. New York, 191 1. 
Burgess, John W., TJie Civil War and the Constitution, ii vols. New 

York, 1906. 
Cary, Edward, George William Curtis. New York, 1894. 
Clews, Henry, Fifty Years in Wall Street. New York, 1908. 



419] BIBLIOGRAPHICAL NOTE 419 

Conkling, Alfred R., The Life and Letters of Roscoe ConkUng. New 

York, 1889. 
Cook, Theodore P., The Life and Public Services of Samuel J. Tilden. 

New York, 1876. 
Cooper, Thomas V., American Politics. Chicago, 111., 1882. 
Cox, Jacob Dolson, Military Reminiscences of the Civil War, ii vols. 

New York, 1900. 
Crapsey, Edward, The Nether Side of New York. New York, 1872. 
Croly, David G., Seymour and Blair, (campaign book). New York, 

1868. 
Cullum, Shelby M., Fifty Years of Public Service. Chicago, 111., 191 1. 
Curtis, Francis, The Republican Party, 1854-1904, ii vols. New York, 

1904. 
Dana, Charles Anderson, Recollections of the Civil War. New York, 

1898. 
Davenport, John I., Population of Nezv York. New York, 1884. 
Davenport, John I., The Election and Naturalisation Frauds in New 

York City, 1860-70, ist ed. New York, 1894. 
Dawes, Anna Laurens, Charles Sumner. New York, 1898. 
Dewitt, David Miller, The Impeachment and Trial of Andrew John- 
son. New York, 1903. 
Dilla, Harriet M., The Politics of Michigan, 1865-1878. New York, 

1912. 
Drew, Sketch of the Life of Daniel, The National Cyclopedia of 

American Biography, xi, pp. 502-3. New York, 1901. 
Dunning, William A., Essays on the Civil War and Reconstruction. 

New York, 1904. 
Dunning, William A., Reconstruction Political and Economic. New 

York, 1907. 
Encyclopedia of Contemporary Biography of New York, 4 vols. 

New York, 1887. 
Fairlie, John Archibald, Centralisation in New York. New York, 1898. 
Fiske, Stephen, Off-Hand Portraits of Prominent New Yorkers. New 

York, 1884. 
Fite, Emerson David, The Presidential Compaign of i860. New 

York, 191 1. 
Fleming, Walter L., Documentary History of Reconstruction, ii vols. 

Cleveland, O., 1906. 
Garner, James Wilford, Reconstruction in Mississippi. New York, 

1901. 
Godwin, Parke, Life of Bryant. New York, 1883. 
Gorham, George C, Life and Public Services of Edwin M. Stanton, 

ii vols. Boston, 1899. 
Greeley, Horace, Recollections of a Busy Life. New York, 1868. 



420 BIBLIOGRAPHICAL NOTE [420 

Greeley, Horace, The American Conflict, ii vols. Hartford, Conn., 
1866. 

Hadley, Arthur T., Railroad Transportation. New York, 1908. 

Hall, A. Oakey, Horace Greeley decently dissected in a letter on 
Horace Greeley addressed by A. Oakey Hall to Joseph Hoxie. 
New York, 1862. 

Hall, William Edward, A Treatise on International Law, 5th ed. 
Oxford, 1904. 

Halstead, Murat, Political Conventions of i860. Compiled from cor- 
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Harlow, S. R., and Hutchins, S. C, Life Sketches of State Officers, 
Senators, and Assemblymen of New York in 1868. Albany, 1868. 

Hart, Albert Bushnell, Salmon Portland Chase. Boston, 1899. 

Herbert, Hilary Abner, Why the Solid South. Baliimore, 1890. 

Hoar, George Frisbie, Autobiography of Seventy Years, ii vols. New 
York, 1903. 

Hovey, Carl, The Life Story of J. Pierpont Morgan. New York, 191 1. 

Johnson, Emory R., American Railway Transportation. New York, 
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Johnston, Alexander, and Woodburn, James Albert, American Politi- 
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Julian, George Washington, Political Recollections 1840-1872. Chicago. 
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Lalor, John J., Cyclopedia of Political Science, iii vols. New York, 
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Lewis, Alfred Henry, The Boss and how he came to rule New York. 
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Lieber, Francis, Changes in the present Constitution of New York. 
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Lieber, Francis, Civil Liberty and Self-Government, ii vols. Phila- 
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Lincoln, Charles Z., Constitutional History of New York, v vols. 
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Livingston, John, The Erie Railway; Its History and Management. 
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Lothrop, Thornton Kirkland, William Henry Seward. Boston, 1899. 

McCabe, James Dabney, Life and Public Services of Horatio Seymour, 
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MacCabe, James Dabney, The Secrets of The Great City. Phila- 
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McCall, Samuel W., Thaddeus Stevens, edited by J. T. Morse. Boston, 
1899. 

McClure, Colonel A. K., Recollections of Half a Century. Salem, 
Mass., 1902. 



421 ] BIBLIOGRAPHICAL NOTE 421 

McCuIloch, Hugh, Men and Measures. New York, 1888. 

McKee, Thomas Hudson, The National Conventions and Platforms 

of all Political Parties, 1789-1900. BaUimore, 1900. 
McLaughlin, J. Fairfax, The Life and Times of John Kelly. New 

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McPherson, Edward, A History of Reconstruction, 2nd ed. Wash- 
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Magoon, Charles E., The Law of Civil Government under Military 

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Mathews, J. M., Recollections of Persons and Events in New York. 

New York, 1865. 
Maverick, Augustus, Raymond and New York Journalism. Hart- 
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Mott, Howard H., Between the Ocean and the Lakes; the Story of 

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Murray, David, The Anti-Rent Episode in the State of New York, 

(In the American Historical Association Annual Report, 1896, 

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Myers, Gustavus, The History of Tammany Hall. New York, 1901. 
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Parton, James, Famous Americans. Boston, 1867. 
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Republican Party, Official Proceedings of the National Convention 

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Rhodes, James Ford, History of the United States, 1850-18;^, vii vols. 

New York, 1896. 



422 BIBLIOGRAPHICAL NOTE ["422 

Schurz, Carl, The Reminiscences of, iii vols. New York, 1908. 

Scott, James Brown, Cases on International Law. St. Paul, Minn., 

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Seward, William H., The Works of William H. Seward, v vols., 

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Seward, William H., An Autobiography, iii vols., edited by Frederick 

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Sherman, John, Recollections of forty years in the House, Senate and 

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Stanton, Elizabeth Cady, Reminiscences of Eighty Years and More. 

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Welles, Gideon, The Diary of Gideon Welles, iii vols. Boston, 191 1. 



423] 



BIBLIOGRAPHICAL NOTE 



423 



Westlake, John, International Law, ii vols. Cambridge, (Eng.) 1904. 
Wharton, Francis, A Digest of The International Law of the United 

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Williams, Talcott, Tammany Hall, (In Historic New York, 1899). 

New York, 1899. 
Wilson, Henry, History of Reconstruction. Hartford, 1868. 
Woodburn, James Albert, American Politics. New York, 1903. 



INDEX 



Abbe, Joshua G., 93, \m, 307, 356 
Ad;ims, Charles H.. elector. ao5 
Alberger. Franklin A., of Erie, 41 
Alh-n, judge of Court of Appeals, 

224 
Allen, Augustus F., 244, note 
Allen, Benjamin, friend of Conkling's, 

386 
Alien, Cornelius L., suggestion time 
limit for Governor's siguiiture. 212 
Allen, Norman, 353, note; elector, 

355 
Allen, William F., elected, 208, 323 
Allis. Augustus G. S., on committee 
to investigate Glenn's charges, l86, 
287 
Alvord. Thomas G., of Onondaga. 41; 
93; candidate for Henator, 147; dele- 
gate to constitutional convention, 
213; head of N. Y. delegation at 
Chicago, 310 
Anderson, George B., 307 
Andrews. ( harles, delegate to consti- 
tutional convention, 213; member 
judiciary committee, 215; judge of 
Court of Appeals, 224; delegate at 
large, 306 
Andrews, Rufus. urges renomination 
of Alvord, 93; supports organiza- 
tion, 164; hands up list of contest- 
ants, 303; and Van P.uren reply to 
Spencer, 305; at Chicago, SlO _ 
Anti-rent agitation revived, 1866; in- 
fluence on campaign; distutb.mces 
in Berne; comment of Times.^ 125 
Anthony. Susan B. Woman's Suf- 
frage, :^37. note 
Aniua (Albany), terms Barlow's nom- 
ination an insult to Democrats, 
5cS- tells Greeley he lacks the cour- 
age to make a leader, 61; opinion 
of Fenton, 94; defends Hoflman 
against Greeley, 129; sums up work 

425J 



of constitutional convention, 257, 
note; rejoices over Dem. Kat Con., 
319; says (iriswold was nominated 
bv Fentonites, 359; attacks (iris- 
wold, 375; on Seymour and Blair, 

OQf) 

Armstrong, Cornelius W., of Albany, 

53 
Armstrong, John, 323 
A mot, Stephen S.. 179, 364, 3G8 
Asell, David H. , 107 
Ashman, \V. F. , 307 
Astor, John Jacob, War Dem. Cooper 

Union. 1868. 383 
Astor. William B., War Dem., Cooper 

Union, 1868, 383 
Averill W. J., 53, 107: nominated 

for Gov., 363; 364; 368 

Baker, amendment to judiciary article, 

216 

Baker, A. D., 307 

Balcom. Ransom, candidate for Sen- 
ator, 147; Supreme Court, Bing- 
hatnton, 274 

Barker, George B., delegate to consti- 
tutional convention, 213; member 
judiciary committee, 215; 307 

Barker, John W.. 368 

Barkley, Alexander, 307; nominated 
canai commissioner, 354-5; vote for 
canal commissioner. 18<)8, 392 

Barlow, Gen. Francis C, of New 
York, 53; nominated for secretary 
of state, 57; conduct during war as- 
sailed. 69: T.raised for bravery at 
Antietam, 70; shows lack of ill-will, 
9ii: 131; attacks on Canal Ring, 
161; nominated secretary of state, 

166 
Barnard, Daniel P., delegate to con- 
stitutional convention, 213; reads 
letter from Sen. Murphy, 362; 365 
42s 



426 



ll^DEX 



[426 



Barnard, Georp:eG., grants injunction 
ajiainsi Erie. 272; siis-pends Drew, 
273; enjoins Erie directors, 274; in- 
junction, 27o; 277; exercises pre- 
roj;:itives to the end. 278; injpugned. 
279; 28o; 297; natuialization record 
of, 398 

Barnes, Congressman (Dem.), 136 

Barnuin, (ien. Henry W. , of Onon- 
daga, 53; nominated insjiector of 
prisons, f)7; citizens of Syi-;icuse 
suhmit cliarges against. 70; testi- 
mony of Duane S. llmd, 70; nom- 
inated Slate prisons inspec tor. 355; 
vote for State prison inspector, 1868, 
392 

Barrett, Jndge, tnrns Gonld over to 
special officer. 285; angry, 286 

Barto, Henrv D. , 53 

Barto. Henry D., Jr., 107 

Bascom, Oliver, nominated canal com- 
missioner, 367; vote for canal com- 
missioner, 18(i8, 392 

Bass, T. K.. 307 

Batcliellar. George S., elector, 355 

Beiicli, Allen C. . 323; 324; aspires to 
lient. -governoiship, 3Ul ; nominated 
for Gov., 3(3; nomination unani- 
nions for, 364; 370; vote for lieut.- 
governor, 1868, 392 

Beach, Elias, 107 

Beach, George, 323 

Becker, George. 361 

Beckwith oflers amendment, 217 

Beecher, Henry Ward, letter to Sol- 
diers' and Siiilors' Convention; pre- 
science in treatment of negro prob- 
lem, 119, note; Greeley opposes; 
comment of 'limes; makes ratifica- 
tion speech for Kadicals. 120; Octo- 
ber results substantiate predictions 
of, 380 

Beebe, Hiram, 324 

Belden, Fisk's partner, 277 

Bell, James A., 93 

Bell, John, popular vote. 1860, 392 

Belmont, An ust, chairman Dem. 
Nat. Ex. Com.. 334; held firm for 
Dem. ticket, 1868, 382; issues Dem. 
State Committee's address, 384 

Bemis, Horace, elector 355 

Bemis. Matt P.. Times accuses, 188; 
Cvmmercial Advertiser queries, 189 

Bennett. James (Jordon. charges Hoff- 
man with corrupt patronage, 116; 



reminds public of his prophecy, 138; 
Grant stronger than Jiarty, 317; 
favors Chiise. 327; see also herald 

Benton, Auditor. World takes up ad- 
missions of, 199 

Bickl'ord, Marcus, 215. note 

Bigeiow, John, 373. note 

Bigler. Gov., escorts Seymour to 
chair. 337 

Bill of Rights receives modifications, 
23S 

Rhickley. Ebenezer, 307 

Blade (Toledo), opinion of Chase, 
336 

Blair. Francis P., letter to Broadhead, 
3:1; 333; name for vice-pres. , 311; 
378; oflers to resign, 3M ; attacks 
continue against, 3S3; invades East, 
384 

Blair, Montgomery, follows Seward's 
footsteps, 73; speaker at Dem. rally, 
205 

Blakesley, L , 356 

Blank nominates Woodford. 354 

Bliss, Archibald M.,307; testifies be- 
fore Cong, com., 398 

Bliss, Geoige, Jr., witness Hale com- 
mittee. 299 

Blood, Isaiah, 179, 368 

r.onesdale, Peter S., 307 

Boole, Francis I. A., New York City 
health inspector. 34 

Boston, Hartford & P^rie R. R. , John 
S. Eld ridge elected pres. of, 271 

Bowen, Benjamin B. , o07 

Bowne, Norwood. 353, note 

Bradford. William R.. witness senate 
committee on Erie, 281 

Bradley, mnjority report, 281 

Brady. James, cliaiiiuan Dem. rally, 
205; accuses Justice Bainard, 279 

Brady. John R., testifies before Con- 
gress, com., 397 

Brazee, Andrew W., 307 

Breckinridge, popular vote 1860, 392 

Brennan, Matthew T., refuses renomi- 
nation; Citizens' Association assails; 
Fenlon apjioints commission to in- 
vtstigate, 141 

Brewers, hop-growers and liquor deal- 
ers hold convention, 193; Arthur 
Brown, pres.; Richard Katzen- 
nieyer. sec, 194 

Briggs, George, 107 

Bristol, Wheeler H. , nominated for 



427] 



INDEX 



427 



treasurer, 179; elected, 208; intro- 
duced bill forbidding consolidation 

of Vanderbilt and Erie systems, 

28-1 
Broadliead, James O , 331 
Eroderick. Charles VV., 307 
Brooks, Erastus. moves for final vote 

on tenvire, 2"J2; proposes important 

amendment, 244; 2-t5, note; ciiair- 

man state charities com., 247; o23; 

h35 
Brooks, James, defeats Mrs. Elizabeth 

Cady Stanton, 13(3 
Brown, Artliur, president brewers' 

convention, 191 
Brown, D. D. S. , connection with 

Gould. 299: delegate at large, 806 
Brown, E. A., proposes trial by jury, 

231 
Brown, John W. , of Orange, 53 
Brown, Levi H. , nominates Allen C. 

Beach, m:\ 
Brown, Lewis H. , 107 
Brown, Martin B., 93, 166 
Brov.'n, V\ illiam C, proposes court of 

nine, 218; elector, 355 
BrusI), Augustus A., assemblyman, 

2 7; Glenn saw guilt in his eye, 

288; denies knowledge of bribery, 

291 
Buffalo, Bradford & Pittsburgh R. E. 

lease to Erie, 270 
Burdett, Luther J.. 323 
Burke, John K., declines nomination 

for state prisons inspector, 068 
Burrows, R. L., nominates Noah 

Davi.s, 151 
Butler, Benjamin F. . false statements 

relative to Ciriswold, 375 
Button, James R., on committee to 

investigate Glenn's charges, 286 
Button, Jonas, 324 

Cagger, Peter, 53; calls Albany con- 
vention to order, 99; 108; 179; reso- 
lution in memory of, 3b8 

Caldwell, Luther, l(j7; secretary const, 
conv. ,2l4; witness Hale committee, 
299; paid by both sides, 300; ajjpears 
before Hale committee, 301; 307-8 

Cameron. Delos \V., 307 

Campaign of 1S65, minor personal 
issues, 67; sei'ies of petty party 
quarrels, 74 

Campbell, Daniel D. , elector, 367 



Cardozo, Albert, candidate f<u' Su- 
preme Couit on 6 tickets, 197; 323; 
324; naturalization record of, 398 

Carpenter, B. Phut, 307 

Carter, Enoch, 323 

Carvell, Ciuiries E. , 53 

Caryl. Lorenzo, 323 

Cassidy, William, editor Albany 
Argiir, considers Unionist resolu- 
tions narrow, 64; and Schumaker 
present minority suHiage report, 
231; 323; o24; 368; see a/so .4?-^ms 

Chaml)erlain, Gi n., Governor of 
Maine, 132. 377 

Champlain, Marshall B., nominated 
attorney-general, 179; elected. 208; 
and Messrs. Tapjian and Schoon- 
niaker present minority report, 
213-4; acts for Vanderbilt, "^72; 
])res. Dem. Convention, 322; 324 

Champion, Simon B. , elector, 367 

Chandler. 136 

Chapman, Orlo W., senate committee 
on Erie, 280; at Svracu.se, 351 

Chapman. C. H.. 352 

Chase. Salmon P.. EadicaVs favorite 
candidate, 315; Rep. editorial fav- 
orite, 32i)-7; Dem. disgust with, 
327; presidential candidate. 330; 
333; hardly figures in balloting, 
341; Seymour favors, 343: more in 
favor of, 344; 346; thanked, 366; 
372; again talked of for Presidency, 
382; He.nild clings to. 403 

Chattield. Thomas J.. 307 

Cheseboro, Henry O. . county court 
suggestion adopted, 22it; temporary 
chairman, 361 

Chicago Convention, National Rep. 
nominating convenes May 20, 1868; 
new issues. 309; six candidates for 
Vice-president, 310: Grant nomi- 
nated for Pres., 312; strife over 
Vice-presidency. 312; platform, 313; 
table of vote on Vice-pres., 313, 
note; comments of up-state press, 
318 

Chronicle (Penn Yan), leads Rep. 
revolt, 202 

Church, Judge of Court of Appeals, 
224 

Church. Sand ford E. , favors war, 25, 
90; elected temporary chairman of 
1866 Democratic Convention. 99; 
made permanent president Albany 



428 



INDEX 



[428 



(Dem. ) Convention; 105; partner- 
ship with Davis, 14(1; delegate to 
constitutional convention. 213; del- 
egate at large, 323; prominent in 
N. Y. Con., ;^38; 360 

Church. Col. Walter IS., agent of Van 
Renrselaer's 12o 

Churchill, Congressman (Rad.), 137 

Citizens Committee of New York insti- 
tutes reform of sanitary conditions 
in 1SH5, 31 

Civil Riglits Bill, Congress pa«ses over 
President's veto, April 6, 1806, 81 

Clark, Darius, 179 

Clark, Egbert A., elector, 367 

Clark. George, 307 

Cleveland. Ci rover, member com. on 
resolutions. 362 

Clews, Henry, War Dem., Cooper 
Union, 18* 18, 383 

Cobb, Timotliy D. . elector, 367 

Cochran, Robert 323 

Cochrane, John, principal speaker, 
131 ; present at Cooper Union rally, 
irO; 307; at Syracuse, 361; Pre's. 
Rep. Con., 353 

Colby, J(din B. elector, 367 

Cole, Asahel N., witness Hale com- 
mittee, 299; testimony on Caldwell, 
300; moves admission of Radicals, 
305 

Colfax. Schuyler, named for vice-pres., 
310; 312; nominated Vice-President- 
313; career, 315, note; 356; candi- 
date for speaker, 37 1 

Commercial Advertiser, condemns Re- 
publican convention, 167; cau- 
tions approval of convention, l.'-.O; 
pays attention to Rep. Slate Con., 
358; warns Republicans against 
Tribune, 372; places blame for elec- 
tion frauds. -100 

Comstock. George F., ^lowerfnl cam- 
paign factor. 131; 179; delegate to 
constitutional convention, 213; mem- 
ber judiciary committee. 215; pro- 
poses court of seven, 218; moves to 
strike out Brown substitute, 231; 
objects to veto change. 2i3; refuses 
to commit himself 2 .8 

Comstock, Harlow L., candidate for 
nfiminatifin. 107 

Conkling. Frederick A., 359; nom- 
inated for Mayor, 404; defeated, 
405 



Conkling, Roscoe, represents New 
York in 39th Cong., 45; tours 
State; strikes keynote, 127; extract 
from speech, footnote. 128; 131; 137; 
life. 145-(); press of State pushes 
candidacy, I -19; elected Senator on 
5th ballot, 152; letter to wife; rise 
meteoric, 154; \Vurld\'i opinion of, 
156; character of, 157, note; maiden 
speech. 158; position in New York 
political life, 15<S; president of con- 
vention, 159; takes chair, 165; ex- 
ample of invective, 165, note; at 
Utica, ]8ti8, 3i8; voted for Ni- 
agara slii]) canal. 389; frauds well 
known to. 394; 407; promoted. 410; 
in control of Republican machine in 
State. -113 

Conklin. S. H., 93 

Conger. A. B. , presents platform, 324 

Connolly, Michael, candidate for office, 
142 

Connolly, Richard R. , Dem. nominee 
for ciiv comptroller; elected, 142; 
321 ; mo 

Constitution, submission of. opinion of 
C. Z. Lincoln, 254; submitted in 4 
parts, 254; right of legislature in 
matter, 255; voted on November 2, 
1869; judiciary article approved; 
constitution rejected, 256; center of 
campaign attack. 265 

Constitutional Convention, amend- 
ments submitted, 212, note; new 
plan of representation, 212: dele- 
gates to. 213; William Wheeler 
chosen president. Luther Caldwell 
secretary, 214; judiciary article un- 
satisfactory, 214; conservatism of, 
239; two canal committees ap- 
pointed; financial ])rovisions little 
changed; proposal for superintend- 
ent of public works, 243; finance 
article, niany amendments proposed 
and rejected, 244: educational, 'J45; 
conmiittee on official corruption, 
246; Krastus Brooks heads State 
charities committee, 247; di.scussion 
of adjournment. 2 7; snbmissicm in 
two jiarts recommended. 248. Folger 
summarizes work of. 248-53; consti- 
tution signed: adjournmeiit, 253; 
political aspect of, 256; Republican 
majority; Sanford E- Church Dem. 
leader, 257; press comments, 264; 



429] 



INDEX 



429 



see aho Judiciary, Suffrage, Bill of 
Riglits. Legislature, Kxecutive 

Co()j)er, ( harles H. , o07 

Cooper, J. B. , o5ti 

Cooper, Peter, present at Cooper 
Union rally, 190 ; War. Dem. 
Cooper Union, 18( 8, 3S3 

Coj)perliea(ls, activity in connection 
with draft riots, 25-26 

Cornell, Alonzo B. . 93, 167; rnns for 
treasurer, 167: named for lieut.- 
gov., 854; vote for lieut. -governor, 
1868, 392 

Cornell. Charles G. , 1<I8; corruption 
of, 116; 179; 323; 368 

Cornell, Ezra, withdraws in favor of 
tiovernor Fenton, 92, 151, note 

Cornell, Thomas. Congressman (Rad), 
137; elector. 355 

Costello, Patrick C, elector, 355 

Courier (Charleston, S. C), expresses 
disgust, 205 

Cox. iSanniel S. , speaker at Dem 
rally, 205; 335 

Craig. James B. , 323; report of com- 
mittee on resolutions, 366 

Crane, H. M..356 

Creamer, Tiiomas J., senator, Van- 
derbilt supporter. 286 

Cross, James M., witness senate com- 
mittee on Erie. 280 

Crowley. Riciiard, at Chicago, 310 

Culver, E. D., 307 

Culver, James W., 307 

Curtin, Gov., named for Vice-Pres. , 
310; 317 

Curtis, George William, editor Pvt- 
7iam's Jilagazine and JJarjier's 
Weekly, life, 147; withdraws name, 
148; delegate to constitutional con- 
vention, 213; champions woman 
suffrage, 237; pro{)oses adjournment, 
2-1 7; elector, 355; see also Harper's 
Weekly 

Cnrtiss, F. D., 167 

Cushman. Don Alonza, Republican 
alderman, 143 

Daily Courier (Buffalo), lands resolu- 
tions of Albany Convention, 54; 
argues for the Radicals. 61; opinion 
of Fenton, Alvord and Bruce. 94 

Daily Courier and Union (Syracuse), 
exfilains Greeley's methods, 79; 
attitude on coup d' elat, 109; hos- 



tility to Weed, 130; annoys Albany 
Kveniv(j Jourital . 203 

Daily Democrat (Rochester), defends 
Sen. Humphrey and J. M. Ham- 
mond, 203; on Chicago Convention, 
318 

Daiy Ji'urnal (Ogdensburg) questions 
sincerity of Democrats, 75; recog- 
nizes '■ will of the people," 94; sat- 
isfied with Hulhurd's nomination, 
170 

Daily Journal (Syracuse), rejoices over 
j)assing of Albany Regency. 109; 
blames Horace Greeley for Rep. de- 
feat. 209 

Daily (Jbserver (Utica), consoles the 
Unionist conventi'.m, 61; typical 
Dem. opinion. 320-1 

Daily Reijuhlican (Binghamton), 
classes itself as " advanced," 319 

Daily Standard (Syracuse) attacks Slo- 
cnm, 52; praises Alvord 94 

Daily Union and Advertiser (Roches- 
ter), atlribules Democratic defeat 
to lack of organization, 79; sees 
" Ring" victory, 171 

Daly, Charles P., member judiciary 
committee. 215; gives historical 
resume, 217-18; testifies before 
Cong. com. , 397 

Dana, Charles A., 345; see also Sun 

Danforth, George F. . judge of court 
of appeals. 1878, 224 

Danton, Isaac, 93 

Davis, Emerson E., 323 

Davis, J C. Bancroft, Erie directory, 
280; gives leading evidence, 281; 
fined, 297; 352 

Davis. Noah, life, 146; odds in favor 
of, 148; in lead on first bdlot, 152 

Dayton, Lewis P.. on committee to in- 
vestigate Glenn's charges, 286 

Decker, James D , 323 

De La Matvr, Gilbert, nominated 
Stale prison inspector, 166; de- 
feated, 'J08 

Delavan. E. ("., letter from Homer A. 
KeKson. 206 

Deraers, George W. , nominates Gris- 
wold. 354; elector, 355 

Deming, Colonel, Cooper Union, 1868, 
379 

Democrats, retain strength in State 
through foreign element: 25; evi- 
dence of strength, 26; control in 



430 



INDEX 



[430 



186.S, 26; chief source of power in 
Tammany's hold over baser ele- 
ments, 35; State Convention charges 
Depevv witii fraud, 42; New Yoi'k 
State ticket for 1864, 44; Albany 
Convention of 18()5 develops change 
of policy, 4<S; praises party's his- 
tory, 50; platform, 50; Union jour- 
nals accuse party of dodging issues, 
51; N. Y. State ticket for ISlio, 53; 
Ogdensburg Daily Jourvtil comments 
on resolutions. 54; all Democrat 
papers except News endorse ()latform 
and candidates. 55; classed as War 
Democrats and Copperheads, 89; 
Convention of 18116 opens inTweedle 
Hall Albany. Sept. 11, 9!); called 
to order by Peter Cagger, 9!); I'ival 
delegations pacified, 100; candidates, 
100; determination to nomiruite 
Hoffman. 101; coup d' eUit of San- 
ford Church. 102; editorial com- 
ments on coup d' eldt, 108; new 
Statecommittee. 107; platform, lOSI- 
110; ediioiial comments on plat- 
form, 111-14; win in New York, 
18l)6; reason for strength, 134; sen- 
atorial caucus, 153; State Convention 
IstiT attendance small. 171; opinion 
of World^ 172; Seymour rules, 17(i; 
platform, 177 ; nominations, 178; 
ticket, 179; reaction in favor of. 
182; count on public dissatisfaction, 
18(1 ; Pennsylvania, Ohio. Iowa, 
give niHJ. to, 18t>; editorial com- 
ments on maj.. 187; Sun und World 
warn. 191; ratification meeting, 191; 
hold last rally at Cooper Uni(m; J. 
T. Brady. C. S. Thayer, Voorhees, 
M. Blair and S. S. Cox chief speak- 
ers. 205; win 1807 elections, 207; 
results, 208, note; comments of 
press. 209-10; Slate Convention of 
1^68 opens March 11, at Tweedle 
Hall, Albany, ;;21; platform, 324; 
State nominating con.. 18l)8. meets 
at Tweedle Hall, Albany, 3(i0; con- 
test for seats. 3'il ; State crimmittee 
enlarged. ;->62: phitform, 3(10; elec- 
toral ticket, 367; press comments on 
con.. 3H9-70; central committee 
sends secret circular. 3'.l3; National 
Nominating Convention of 18U8, see 
New Yoik Convention 
Demson, C. M. , 352 



Depew, Chauncey M. , secretary of 
state, makes censtis report, 41; 
Democrat ic State Con vention charges 
fraud, 42; permanent president of 
Unionist Convention. 50; declines 
to have name considered, 57; facts 
about declination. 60; tendered nom- 
ination by both factions, 61; reports 
conversation wiih Van Buren, 68; 
159; (.present at Cooper Union rally, 
190;-. .07-8; at Syracuse, 3)1; 3'):^,; 
nominates (ireelev in 1868, 354- 
at Syracuse, 18(i8."386 

Dewey, William. o07 

Dewolf, Delos, 107; delegate at large, 
323; elector-at-large, 367 

Diven, Alexander S. . breaks Sabbath, 
27t;; vice-president of Erie, 2>S0; 
fined, 297; witness Hale committee, 
299 

Dix, John A., hailed by some as 
future leader, 69; chosen temporary 
chairman National Union Conven- 
tion, 82;90; candidaieforGovernor, 
100; name hissed, 101; aided by 
Raymond. 104; ;-;B3; 408; 409 

Douglas, Stephen A., popular vote, 
1860, 392 

Dodge, General (Iowa), throws dele- 
gation to Colfax, 3Ll 

Doolilile. James K.. president of Na- 
tional Union Convention. 82 

Dorn, Robert (i.. of Schenectady, 53 

Dowling. Joseph, 323; elector. 367 

Drew. Daniel, career of; comparison 
with Vanderbilt. 268; loans Erie, 
I3.4S0 000, upon security, 2 i9; 
transforms Erie convertible bonds, 
270; A'^anderbilt seeks removal of, 
273; sus])euded, injunctions of no 
effect, 273; surprises Vanderbilt, 
274; breaks Vanderbilt corner, 275; 
276; victory, 277; situation very 
favorable to. 277; testimony, 281, 
282; slips into N. Y. C, 294; share 
in .settlement. 296; not punished, 
297; witness Hale committee, testi- 
mony. 2119 

Drver. William C, elector, 367 

Duell. R. Holland, 307 

Dutcher, S. B. . 356 

Dwight, Jeremiah W. , ?07 

Dwight. Theodore ^V.. delegate to con- 
stitutional convention. 213; member 
judiciary committee, 215; 353, note 



43i] 



INDEX 



431 



Earl, Robert, Judge of Court of Ap- 
peals, 224; pres. lS(58Dem. con , 362 

Eastman. H., KiH 

Eaton. Dorinan B., candidate for cor- 
poration counsel, 405 

Editorial comment, H71 

Edwards, Lewis A., elector, 367 

Edwards. William G. , witness senate 
committee on Erie 280 

Eldridtje, John S., pres. Erie R. R., 
271; fails to appear as witness, 281; 
appointment with Gould, 29-r, Bos- 
ton inteiests, 296; lined, 297; per- 
sonal account. 299 

Elections for Slate officers in other 
States, 2O0 

Endres, Isaac L.,93, 167. 307 

English, Governor, spoken of for 
Blair's place on ticket, 382 

Ericsson, inventor of Monitor, 374 

Erie Railroad, relation with State 
politics; expenses of, 2()7; borrows 
from Drew, 269; Drew's en\ip great- 
est Wall Street success, 270; hostili- 
ties reopened by Vanderbill; in- 
junction, 272 

Esseltvne, Cornelius. 3-56 

Esterbrook. W. P., 3o6 

Evarts, William M.. present at Cooper 
Union rally, 190; delegate to con- 
st itiuional convention, u'13; member 
judiciary committee, 21o; defends 
majority report, 219-22; remarks 
effect of growth of New York City 
on probate cases, 230; objects to 
veto change. 243 

Evenivff Jouriml (Albany), states six 
points settled by 1865 elections, 78; 
attacks Johnson, 97; luirestrained 
enthusia-m of, 320; sums up issues, 
18.i8, 388 

Evening] Post, complacent, 55; gives 
reasons for inactivity of campaign, 
65; advice to southerners, 66; 
Chicago platform not so broad as 
desired by, 316: advocates Chase, 
325; opinion of Blair. 3 '7; reassured 
at to currency, 374; attacks Hoffman 
for connection with Tweed. 377; de- 
nounces election frauds, 401 

Ewing. Thomas (General', spoken of 
for Blair's place on ticket. 382 

Excise Law passed, April 14, 1866; 
enforcement helps Fenton, 123; 
Tribune repudiates Radical resolu- 



tion, 185; Harper^ s Weekly sum- 
marizes report of Police Board, 185; 
Tribune fosters movement; mass 
meeting at Cooper Union, 204; chief 
interest in campaign. 209 

Executive, three committees report, 
241; Fentnn's suggestions, 241-2; 
radical change in veto power sug- 
gested. 243; existing veto power re- 
tained. 243 

Express (Buffiilo), comments on Dem- 
ocratic Convention of 1865, 54; re- 
verts to infancy, (io; expresses con- 
tempt, 1.S2; sincere endorsement of 
Colfax, 318 

Fargo, William G., lOS; 179; elector, 
367 

Fail-man, Charles G., 93 

Farragut, Admiral, refuses nomina- 
tion, 330 

Farrington, Ezra, 93 

Faulkner, Lester B. . 324 

Fay, John D. . nominated canal com- 
missioner, 179; elected. "-08 

Fenian agitation, origin, footnote; fills 
papers; Tribune endeavors to influ- 
ence vote, 121; attitude of Presi- 
dent, 122 

Fent(m, Reuben E. , Governor by less 
than 9000 in 1864, 26; rise, backed by 
radical faction, breaks Weed's power, 
27; attempts to allay unrest over de- 
crease in canal revenue. 39: of Chau- 
tauqua, 44; causes downfall of Sey- 
mour, 44; receives 369.557 votes for 
Gov., 45; 92: elected over Hoffman, 
133; attitude in senatorial cam- 
paign, 149; friends of Alvord and 
Bruce wish revenge on. 150; Conk- 
ling scores point on. 159; last stand 
of V'anderbilt in executive cham- 
ber, 293; opposition to candidacy of, 
306; named for vice-presidencv, 308, 
r.lO; 312; third for Vice-pre.s , 313, 
317: ;-!53; 356; 407; trusted, mal- 
administration, 410; 411; adminis- 
tration would not be tolerated to- 
day, 412; goes to Senate but his 
State machine broken, 412 

Ff'rdon, ex-Senator, of Rockland. 161 

Ferris, Congressman (Rad. ), 16th 
dist . 137 

Ferry (Const. Convent.. 1867), pro- 
poses amendment to judiciary article, 
216 



432 



INDEX 



[432 



Field, Benjamin. ;^08; at Syracuse. 351 

Field, David Dudlev, Gould's coun- 
sel, 284 

Fields, Congressman (Rad.), 19th 
dist., 1S7 

Fields, Thomas C, Greeley's in- 
formant, 2!l9 

Finch. Francis M. , judge of Court of 
Appeals, 224 

Fish, Henry H. . 107 

Fisher. John, 307 

Fisk. James, Jr.. career of, 271-2; 
seizes bonds. 27(i; 2Sl; predicts 
further trouble. 29o; receives with 
Gould the Erie. 2'J6; not punished, 
297; witness Hale committee, 299 

Fithian. Freeman J., joint director 
with T. Murphy, of reorganization 
committee. 304 

Flager, Thomas T. , delegate to con- 
stitutional convention, 213 

Flanders. Francis D., elector, 367 

Floyd-Jones. David R , of Queens. 
44; contest with Nelson over secre- 
tary of stateship, 17b 

Folger, Charles J,, temporary chair- 
man of Unionist convention, 56; 59; 
Rep. candidate for Senator, 145; 
withdraws name, 148; mentioned to 
succeed Martindale, IHl; delegate 
to constitutional convention, 213; 
member judiciary committee, 215; 
judge of Court of A|)peals. 224; 231 ; 
objects to veto change, 243; sum- 
marizes work of constitutional con- 
vention, 248; at Chicago conven- 
tion, 310 

Follett, D. L., 107 

Forrest, David P.. of Schenectady, 44 

Forrest. Nathan B., 380 

Fort, B. G , 356 

Fort Taylor, headquarters of the Erie 
exiles, 278 

Fourteenth Amendment, has inception 
in report by Stevens, 82 

Fowler. John S. . 307 

Fowler. W. A., 179, 368 

Fox, George L. , elector. 367 

Fox, John, defeats Greeley, 136 

Francis. John M.. delegate to con- 
stitutional convention. 213 

Francis. Thayer, editor Troy Times; 
at .Syracuse, 351 

Frank, August, named for lleut.-gov. . 
354 



Franklin, Morris, letter from, 102 

Frear, Alexander, on committee to 
investigate (ilenu's charges, 2!"6; 
demands investigation, 2'-i7; talks 
with Glenn. 288; testimony. 1^811; 
unacquainted with Lewis, 2';i0; re- 
quest to be dismissed from commit- 
tee denied, l91 

Freechuan's Bureau, Johnson vetoes 
bill to enlarge j>()wers of. bl 

Fremont, J- V. (General). State rati- 
fication meeting, 18(18, 379 

Frost, Calvin, presents resolution in 
memory of Peter Cagger, 3li3 

Furro, Joshua, Jr., State committee, 
356 

Gale, Moses D. , commended. 3!!8 

Gallagher, Fiank B. , nominated for 
inspector of State prisons, 10^ 

Ganson. John, candidate for Court of 
Ajipeals, 179 

(iarritt, S. B., 167 

Garvin, Judge, 360 

Gates, Theodore B , propo.sed for State 
treasurer. Iti2; nominated for treas- 
urer, 166-7; defeated. 1.08; reports on 
permanent organization. ]8t 8, 353 

Genet, Henry W., amends Senator 
Pierce's motion. 280 

Gerry. Elbridge T. . delegate to con- 
stitutional convention, 213 

Gibbons, Abby Hopper, woman's suf- 
frage, 3;-!7, note 

Gilbert, Judge, issues injunction re- 
straining all parties to P^rie litiga- 
gation, 277; passed out of the frav, 
278 

Gillis, William, 307 

Gleason, W. H., 93; admits irregu- 
larities. I(i4 

Glenn, Elijah M. K., assemblyman, 
makes charges, 286; names Frear as 
person who attetnpled to bribe him, 
testimony ineffective, 287: story of 
the attempt to bribe him. 288: con- 
tradicts sworn statement of Frear 
and Lewis. 289; charges found to be 
unjustified. 291 

(ilowack. Henry J., 361 

Godard, Charles W., Rep. State cen- 
tral com., 93; 166; at Syracuse, 351 

Goodrich, Milo. presents minority re- 
port of judiciary committee, 215; 
minority report, 226 



433] 



INDEX 



433 



Goodseli, J. Flatt. cand. for State 
engineer, Unif)n ticket, 53; chargeis 
unearthed against, 7o 

Goodyear. Charles, del. to Dem. Nat. 
con., 323 

Gould, Jay, prominent figure, 268 
career of, 271; 27t>; 28i ; astounded 
283: goes to .Albany, arrested. 281 
goes to N. Y. with Sherifl' O'Brien 
returns to Albany with Oliver. 285 
fails to report before Judge Barrett 
28(5; reports on ihe size of his bribes 
2U2; appearances against. 292; un- 
provided for. denounces settlement. 
295; receives the Erie. -Ofi; not pun- 
ished, 297; methods, 298: witness 
Hale committee, testimony, 299; 300 

Gould, John Stanton, 245. note 

Graham, James H., elector, 355 

Graham, Senator, has itching palm, 
301 

Grant. Ulysses S. , nominated for Pres. 
by John A. Logan, 312; nomina- 
tion foregone conclusion, 314; ;;58; 
opinion of Herald on. 371; why 
people would vote for, 37«; elec- 
toral vote, 1868, ;;92; Evening Post 
comments on election of, 402; 411 

Graves, Const. Convent, of 1868, pro- 
poses court of eight, 218 

Gray, judge of Court of Appeals, 224 

Greeley, Horace, rise of feud with 
Thurlow Weed, 24; 44; appears in- 
different to nominations, 59; col- 
lides with Raymond. 62; interpre- 
tation of Unionist victory, 77; 
leader Syracuse (Rep.) convention, 
92; questions citizens, 115; opposes 
Beecher, 120; announces candidacy; 
defeated by Fox, 144. note; posi- 
tion in Senatorial race. 147-8; 
159; editorial on silence, 180; warns 
New York Republicans, 187; pres- 
ent at Cooper Uniim rally, 100; 
delegate to constitutional conven- 
tion, 213; presents suffrage report, 
233; suggests fifteen districts. 239; 
suggests no pay for senators. 241; 
impatient at irregular attendance, 
259; lets out feelings by biting re- 
marks in Tribune. 259-60, note; 
witness Hale committee, 298; testi- 
mony on Caldwell. 300; address to 
convention. 308; opinion of Chicago 
convention, 315; reviews Seymour's 



pant, 348; candidate for Gov., 352; 
represented by J. K. Young, 351; 
named for Gov.. 354; attempt to 
substitute for Roberts, 355; lauds 
Griswold. 357; 359; thinks Sey- 
mour's case hopeless, 380; Repub- 
licans take advice of, 378; directs 
attention to election frauds, 384; 
replies to Hoffman's proclamation, 
385; condols with Seymour, 402; 
407; disgust with, 410; still a power 
in party, 413; see also Tribune 

Greeley, Mrs. Horace, woman's suf- 
frage, ;;37, note 

Green, Andrew H. , chair, com. on 
{)er. organization Dem. C(m. 1866, 
104; declines mayoralty nomination, 
404 

Green, John A., Dem. State com., 
1865, 53; declines nomination for 
secretary of state, 178; 179; dele- 
gate, 18ti8, 324; opposes Chase, 343; 
at Albany, 3t,0 

Green, John C. , nominates Gen. Mc- 
Kean, 166; War Dem., Cooper 
Union, 1868. 3S3 

Green. W. W. , editor of the Syracuse 
Daily Courier and Union. 349-50 

Grinnell. Moses H., delegate, 307; 
elector, 355 

Griswold. John A., represents N. Y. 
in 39th Cong., 45; 137; candidate 
for Gov., 351; nominated for Gov., 
354; Times points out experience of, 
357; connection with Monitor, 374, 
376; for liquor men, said Herald., 
378; State ratification meeting, 379; 
at Syracuse. 1868, 386; voted for 
Niagara ship canal, H90; vote for 
Governor, 1868, 392; 411 

Groesbeck, David. Drew's broker. 275; 
276; 280 

Grover, Martin, nominated for Court 
of Appeals. 53; 179; elected. 208 

Guthrie, H. H.. elector, 355 

Hackett. John K.. elected recorder. 
135 

Hale, Matthew, member judiciary 
comujittee, 215 ; amendment re- 
jected, 2:2; proposes Supreme Court 
of 12 judges, 227; against separate 
submission, 258 evidence of his 
committee does not bear out charge 
that Fenton's signature was bought, 



434 



INDEX 



[434 



294; senate commitee to investigate 
legislative corruption, 298; at Syra- 
cuse, 851; 352; refuses to serve, o53 

Hall, A. Oakey, nominates Hoffman 
for Governor, 105 ; convention 
speech, 175; candidate for district 
attorney, 197; 323; 324; seconds 
Hoffman's nomination, 363; 399; 
nominated for mayor, 404; elected, 
405; Times opinion of, 405 

Hall, Newman, D. D. , address Cooper 
Union meeting, 204 

Halpine, Gen. Charles G. , register, 135 

Halstead, DanielJ., editor of Syracuse 
Daily Courier and Union explains 
choice of Barlow, 58 

Hamlin, Hannibal, named for vice- 
pres., 310; 317 

Hammond, Gov. (S. C), escorts 
Seymour to chair, 317 

Hammond, John, of Essex, 92; nomi- 
nated canal commissioner, 16(i; ac- 
cused of wrongdoing, 203; de- 
feated, 208 

Hampton, Wade, Radical, 380 

Hancock, Winfield Scott, Presidential 
candidate, 330; refuses second place, 
382 

Hand, Augustus C, alternate, 323 

Happen, use of word in Constitution, 
118 

Harcourt, James, contests seat with 
Marsh. 361 

Hardenburgh, Jacob H., defeated by 
Bristol, 179; 323 

Hardly, S. G., 93 

Harper's Weekly, praises Slocum, 71; 
comments on Hoffman, 116; car- 
toons of Thomas Nast, 126, note; 
tribute to Conkling, 156; reviews 
Seymour's past, 174; underestimates 
Dem. strength, 181; takes up leg- 
islative corruption, 199. note; amuses 
itself with Argus, 257-8 

Harris, Hamilton, 93; 166; witness 
committee, 299; chairman Eep. 
State central com., 303; Gould's 
counsel, 286; 307-8; at Syracuse, 
351; calls convention to order. 352; 
356 

Harris, Ira, campaign for successor, 
144; life, 145; loses supporters, 148; 
delegate to constitutional conven- 
tion, 213; offei-s substitute for mi- 
nority report, 217 



Hart, Emmanuel B. , delegate, 323; 
elector, 367 

Hart, Rosvvell, loses election to Lewis 
Selye, 130; 352; seconds Griswold's 
nomination, 354 

Hasbrouck, Robert M., 307 

Haskins, John B. , publishes state- 
ment, 72; chairman committee on 
resolutions, 176 

Haskins, James P., delegate, 324 

Hastings, Hugh, at Chicago, 310 

Havemeyer, William F. , War Dem , 
Cooper Union, 1868, 383 

Hawley, ex-Gov. (Conn.), permanent 
pres. Chicago convention, 311 

Henderson. Samuel, describes treat- 
ment in Southern prisons, 127 

Henderson, W. B., candidate for 
clerk of Court of Appeals, 361 

Hendricks, Thomas A., Presidential 
candidate, 330; 343 

Herald, The, commends Democracy 
on recovery of temper, 54; seconds 
Raymond's position, 66; admires 
Seymour's convention speech, 173- 
4; attacks probity of legislature, 
198; criticizes convention, 261; con- 
tempt for Church, 338-9; admits 
Grant's election, 381 

Herman, G. M., elected supervisor, 
135 

Hicks, Russell F., senator, testimony, 
300; 301 

Hill. D. H., (Gen.), 380 

Hillhouse, Thomas H. , nominated for 
comptroller, 53; suggested for comp- 
troller, 166; defeated, 208; 356 

Hiscock, Frank, State Central Com., 
1866, 93; delegate, 307-8 

Hoffman, JohnT., candidate for Gov- 
ernor, 100; nominated for Governor, 
105; speech of acceptance, 106; op- 
posed to legislative commissions, 
115; Tmes accuses, 115; Copperhead 
affiliations reviewed by Tribune, 116; 
Harpei^s Weekly calls him " candi- 
date of grog-shops " ; attack of Inde- 
pendent, 124; tours State for Demo- 
crats; comments of Tribune; reply 
by Argus, 129; prominent at Dem. 
convention, 172; Spencer pledges 
support to. 804; 360; Morrissey' sop- 
position aids. ."61 ; noininated for 
Gov.. 362; 370; opening speech, 
1868, 376; strong in State, 384; 



435] 



INDEX 



435 



issues proclamation, 385; at Roches- 
ter, 387; vote for Governor, 18U8, 
392; carries State, 393; 40S; 411 

Hogsdrats, Jacob W., 307 

Holt. Horatio N., Rep. State Com., 
1866, 93; 1807, 166 

Hopkins, Charles H. , Rep. State 
Com., 1800, 93; 1867, ltj7 

Howell, Daniel C, delegate, 324 

Howland, Joseph, of Duichess, 53 

Hovle, Timothy, delegate, 323 

Hoyt, Stephen T., of Steuben, Rep. 
candidate for canal commissioner, 
1800, 92; resigns senate, 137; dele- 
gate, 307 

Hubbard, John F. , Congressman 
(Rad.) 17th dist., 137 

Hulburd, Calvin T., candidate for 
Senator, 147; justified by Conkling. 
158; nominated for comptroller, 
166; declines nomination, 107, note; 
307-08 

Hull, H. H., Rep. State Com., 350 

Humphrey, I. M., receives presidency 
of Albany (Dem.) Convention, 48; 
Congressman (Dem.), 30th dist., 
1800, 137. 

Humphrey, Wolcott J., arrested for 
briberv, 197; senate committee on 
Erie. 280 

Hunt, Ward, nominated for the Court 
of Appeals, 53 

Hunt, Washington, Dem. elector-at- 
large, 44 

Hunter, Arthur W., 53 

Hurd, Duane S., testifies to Barnum's 
unpopularity, 70 

Husted, James W. , 356 

Hutchins, Waldo, Rep. Slate Com., 
93; 160; delegate to constitutional 
convention, 213; member judiciary 
committee, 215; at Syracuse, 351; 
353; 350 

Ide, Augustus, 368 

Ide, Erastus, 179 

Independent, The, voices Radical 
battle-cry, 115; deserts Chase, 326; 
assails Dem. candidates, 348; pre- 
dicts Republican victory, 372 

Innes, George, elector, 355 

Irving, James, assembly, 208 

Jackson, James, Jr.. Dem. State 
Com., 179; 368 



Jackson, Thomas W. , 353, note 
Jacobs, claims Voorhies place, 321, 

note 
James, Henry R , editor Ogdensburg 

Daily Jouinal., 54 
Jane, Samuel, elector, 355 
Jenkins, J. B. , Rep. State Com., 167 
Johnson, Andrew, overthrow prepared 
by Fenton's machine, 27; Congress 
at cross purpo.ses with, 45; Recon- 
struction policy substantially Lin- 
coln's, 45-6; denunciatory declama- 
tion further alienates Cong., 47; 
majority of party conventions back 
policy, 48; Sumner, Stevens and 
Wade learn he is not to be moved, 
61 ; Radical leaders believe he favors 
immediate enfranciiisement of the 
negroes, (j2; recognized by Unionist 
convention as ''statesman of ability," 
63; vetoes bill to enlarge powers 
of Freedman'p Bureau, 81; makes 
White House speech Feb. 22, 1806, 
81; vetoes Civil Rights Bill, 81; 
tours country, 87; at St. Louis ac- 
cuses Unionists of planning New 
Orleans massacre, 87; hurts National 
Union cause, 117; attitude on Fen- 
ian movement, 122; comments of 
World and Universe, 122; scapegoat 
of Rep oratory, 132; policy de- 
nounced by Chicago convention, 
313; candidate for renomination, 
330; applauded, 300; talked of for 
Seymour's place, 382; enemies and 
supporters, 407; Democrats support, 
408 
Johnson, Reverdy, Presidential can- 
didate, 330 
Jones, Edward, delegate, 323; elector, 

367 
Jones, Fred H., delegate, 307 
Jones, Patrick H., delegate, 307 
Judiciary, dissatisfaction over, 214; 
Court of Appeals receives most ser- 
ious attention, 215; composition of 
committee, 215. note; protracted 
debate begins, 210; tenure during 
good behavior rejected, 222; motion 
for re-election carries, 223; disposi- 
tion of cases pending in Court of 
Appeals, 225; many proposals on 
Supreme Court, 225; 3 departments 
suggested, 226; age limit and term 
fixed, 228; proposed changes for 



43^ 



INDEX 



[436 



county courts, 229; term of county 

court judges, 229-30; jury trial 

provided for surrogates' courts, 2ol; 

division or question of election or 

appointment. 2i2 
Judson, Edward B. , elector, 355 
Judson. William K., elector, 367 
Juliand, Frederick, Eep. State Com., 

18bt5, 93; candidate for treai^urer. 

161; runs for treasurer, 167 

Kelly, John, calls for loan for Tam- 
many Hall, 200; declines mayoralty 
nomination, 401 

Kelly, Eichard, Rep. nominee for city 
comptroller, 141 

Kelly, William E., of Dutchess, -14 

Kelsey. Congressman (Rad. ), 137 

Kennedv, John A., present at Cooper 
Union rally, 190 

Kenney, W. H. M., 166 

Kernan, Francis, conciliatory speech 
of, 105; 108; delegate to constitu- 
tional convention. 213; member 
of judiciary committee, 215; 323; 
324; 335 

Kerr, M. C, and L. W. Ross present 
Minority Cong, report, S99 

Ketchum, J. H., 137; 166; proposes to 
abolish justice of sessions, 230, note 

Kilpatrick, General, Cooper Union, 
1868, 379 

Kimball, J. W., of Franklin, 188; at 
Syracuse. 351 

King, A. H.,93 

King, H. J., 166 

King. Preston, of Ogdensburg, 44; 
colleague and friend of Johnson, 
59; made Collector of the Port of 
New York, 60; jumps from ferry- 
boat, 60 

King, RufusH., 307 

King, William, receives $2,000 from 
Gould, 299 

Kingsley, Lewis, 307 

Kingsley, Nathan, head of Radical 
delegation, 305 

Kinsley, L. , 356 

Knapp, Moore R , 179 

Laffin, T. L., 53 

Laflin, F. D., Dem. State Com., 1866, 

107; 137 
Landon, Judson S. . proposes abolition 

of Court of Appeals, 227 



Lane, Director (Erie), tined, 297 

Lanning, Albert P.. o3; 108; sides 
with Nelson, 179; aspires to lieut.- 
governorship, 361; named for Gov. . 
363; 364 

Lanning, Robert, alternate, 323 

Lansing, Edward, representative Sol- 
diers' Organization, 355 

Lapham, Elbridge G., introduces 
motion, 235 

Lapham, Gerome, 166 

Lasher, James D. , on committee to 
investigate Glenn's charges, 286 

Lawrence, Major-General. suggested 
to succeed Barlow: conduct at Fort 
Columbus, 161 

Lawrence, Darius W., 323 

Lawrence, E. A., offers amendment 
on bond taxation, 176 

Lawrence, Pludsou, nominated for 
secretary of state, 166 

Law, George, alternate, 323 

Lawson, John D. , 307 

Leavenworth. General, at Syracuse, 
'67, 159 

Lee. Charles H., 324 

Legislature, large district plan pro- 
posed, 23'.) ; Mr. Schoonmaker's 
I)lan, 239; increase in number of a.s- 
semblymen suggested: salary fixed, 
240 

Lewis, Joseph L. , 324 

Lewis. Mark M.. lobbyist, 287; talks 
with Glenn. 288; testimony, 289; 
interested in Watervliet health bill, 
290 

Lieber, Francis, letter from Sumner, 
footnote, 69 

Lincoln. Abraham, carries Slate by 
less than 7000 in 1864, 26; majority 
in N. Y. slight, 45; 137; N. Y. 
majority in 18H0, 392; popular vote 
1860, 1864, 392 

Lincoln, Charles Z. , comment on judi- 
ciary committee, 215; comment on 
Evarts address, 222; on powers of 
legislature, 254 

Liquor traffic, its relation to politics, 
35 

Little, James D., 361 

Livingston, E. V.. of Lewis, 167; 
307; 356 

Locke, D. R. , see also Nasby. P. V.. 
117 

Loew, Charles E. , 323; 324; elector, 367 



437] 



INDEX 



437 



Logan. John A., nominates Grant, 312 

Loomis, Benjamin N. , elector, oti? 

Lord, Jarvis, of Monroe. 44 

Lounsberry, William, 361 

Low, H. K.,307;351;35G 

Loyal League, meets in Syracuse. 

Sept. 5, 1866. footnote. 92 
Liiddington, urges Beach's selection, 

364 
Luke, Henry C, 356 
Lyon, Charles L., 324 
Lyon, John, 93; 166 

McAlpine, William T., War Dem. , 
Cooper Union, 1868, 383 

McCarthy. Dennis, Congressman 
(Riid.), 23rd dist., 137 

McClellan. (ien. George B. , Lincoln's 
majority over, slight in N. Y. , 4o; 
candidate for I'res-, 330; popular 
vote, 1864, 392 

McClosky, Felix, Albany, 1866. 103 

McClure, A. K., characterizes Conk- 
ling, 157 

McConihe, Isaac, 368 

McCook, Gen., calls for use of House 
rules, Dem. Nat. Con., 3;io; op- 
posed to Chase. 343; manipulations 
of, 34S 

McCool, candidate for register, 186G, 
loses to Halpine, 135 

McCoonibs, Isaac, Jr., 179 

McCue, Alexander, 32); corporation 
counsel, 365 

McCunn, John (Judge), testifies be- 
fore Cong. com. , 39iS 

McDonald, Angus, 244, note 

McDowell, John, 93 

McGuire, Jeremiah, 324 

McKean, John B., defeated, 208; can- 
didate for secretary of state, 161; 
nominated unanimously for secre- 
tary of state. 166; State ratification 
meeting, 1868. 379 

McKeon, John, protests against Dem. 
platform, 17H; organizes party, 196 

McKinney, William H. , 93 

McLean, George W., alternate, 323 

McLean, James, elector. 367 

McLean. Washington, proprietor Cin- 
cinnati Enquirer; letter from Pendle- 
ton, 346; hurries lo Washington, 
381; was thought to have inspired 
World to demand change in Dem. 
ticket. 382 



McMurray, W^illiam, 179 

McNeil, David B., of Clinton, 44; 
nominated State prisons inspector, 
367-8; vote for State prison in- 
spector, 1868, 392 

McNutt, Andrew J. , of Allegany, o3 

McQuade, James, aspires to lieut.- 
governorsliip. 361; elector. 367 

Madden, Edward M., names Conkling 
piesident of convention, 159; 16H; 
letter from Van Wyck. 352; 353 

Magone, Daniel, Jr., nominates W. J. 
Averill, 363 

Maine, Rep. majority in 18(;6; Cham- 
berlain elected, 132 

Marble, Manton, editor New York 
World. 72 

Marsh. Isaac M., wins seat contest 
with llaicourt, 361 

Marshall, I). D. T., nominates F. C. 
Barlow, 166 

Marshall, William, 323 

Martin, J. G., speaks at Dem. ratifi- 
cation meeting, 191 

Martin, judge of Court of Appeals, 
224 

Marvin, Congi-essnian (Rad.), 38th 
dist.. 137 

Martindale, Gen. John H. . of Mon- 
roe. 53; nominated attorney-gen- 
eral, 57 

Mason, Charles, nominated for Court 
of Appeals, 166; defeated, 20S 

Masten, Joseph G., member judiciary 
committee, 2! 5 

Mattice, Manly B. , elector, ;;G7 

Mattoon, Abner C , appointed to 
senate committee to investigate 
P>ie. 280; for sale. 281; testimony, 
282; visits Jersey City, 283; sug- 
gests need of Erie representative at 
Albany. 284: votes for Erie. 293; 
witness Hale conmiittee, 299: noth- 
ing definite discovered relative t<> 
charges against. 301 

Mattoon, John H. . son of Senator 
Mattoon. 280; witness Hale com- 
mittee 299 

Memphis massacre, 126 

Merrill. William II.. 1^3; 167 

Merritt. Benjamin, (General) at Syr a- 
cu.se, 351 ; 356 

Merritt. Edwin A., 93; 166; presents 
report of com. on legislative organi- 
zation, 239, 356 



438 



INDEX 



[43« 



Merwin, offers amendment to jury 
section of Bill of Rights, 238 

Metropolitan Board of Excise v. John 
Harris el. al., 123-4 

Michigan Southern & Northern Indi- 
ana R. K. , agreement with Drew, 
272, note 

Miller, George W., delegate, 324; 
nominates Hoff'man, 362 

Miller, Ira O., Rad. State Con., 166; 
356 

Milliraan, Nathaniel, candidate for 
canal commissioner, 367 

Mills, Borden H., 307 

Mississi[)pi Convention, refuses to ac- 
cede to President's suggestion for a 
qualified suffrage, 48 

Morgan, Edwin D. , (Senator) no 
orator, 128; present at Cooper Union 
rally; makes chief address, 190 

Morgan, General, of Ohio. 336 

Morning Herald (Utica), characterizes 
Syracuse Convention. 98; says 1866 
(bem.) ticket is not to be despised, 
109; emphasizes fairness of Conk- 
ling's election, lo7; mouthpiece of 
Conkling, 170-1 ; outlook not roseate 
to, 319; comments on N. Y. Con., 
349 

Morris, Judge, attacks Tammany, 
363-4 

Morrissey, John, 136; 323; 324; votes 
for Chase, 343; leads Brooklyn del- 
egation, 360; opposition to Hoff- 
man, 361 

Mozart Hall, dissensions in give Tam- 
many opportunity to extend con- 
trol, 26; made honorary guests, 175; 
relation to Fernando Wood, 196; 
candidates for charter election, 
404-5 

Murphy, Henry C, candidate for Gov- 
ernor. 100; attended by toughs, 101; 
retires in favor of Hoffman, 101; 
elected over Hall in Dem. caucus, 
153; speaks at Dera. ratification 
meeting, 191; delegate to constitu- 
tional convention. 213; delegate at 
large, 323; 343; career of, 360; with- 
draws name, S&2; 364; futility of 
candidacy, 355; tribute of Commer- 
cial Advertiser and World. 368 

Murphy. James, delegate, 323 

Murphy. Thomas J., head of Twenty- 
third Street party, 160; joint director 



with F. J. Fithian of reorganization 
committee, 304; at Chicago, 310 
Myers, Gustavus, on conditions in 
New York, 34 

Nasby, Petroleum V., letter of, foot- 
note, 76; Stiinging round the cirkle, 
footnote, 117; letters of, 126 

Nast, Thomas, cartoons of, footnote, 
126 

Nation, The, comments on laissez-faire 
attitude of New York, 30; com- 
ments on parade of discharged sol- 
diers in New York City, 31; sug- 
gests method of settlement between 
Greeley and Weed, 68; character- 
izes the combatants, 68-9; on dis- 
cussion over happen, 118; points 
out incompetency and fraud, 195; 
expresses disappointment with work 
of convention, 261; places blame 
for lack of success, 263; comments 
on naturalization and voting frauds, 
394-5 

National Intelligencer, demands change 
in ticket, 381 

Naturalization frauds practiced, S94-5; 
methods, 395, note; Congressional 
investigation into, 395; Congres- 
sional committee reports, 396; part 
played by courts. 397; testimony of 
judges, 397-8 

Nauman. cand. for coroner, 135 

Negro suffrage, see Suffrage 

Nelson, Homer A., 53; temporary 
chairman Saratoga convention, 90; 
contest with Floyd-Jones over sec- 
retary of stateship, 178; nominated 
secretary of state, 179; bids for 
temperance vote, 206; elected, 208; 
delegate to constitutional conven- 
tion, 213; 360 

Newman. George C, 356 

New Orleans massacre, 126 

Newton. Lyman M., 356 

New York Central R. R. , Vanderbilt 
takes over allied lines. 270 

New York (Uty. cosmopolitan ele- 
ments in, 30; tenement congestion, 
30; position in 1865, 30; war record 
of, 30; sanitary conditions bad; re- 
form instituted by Citizens com- 
mittee, 31; large numbers of dis- 
charged soldiers aggravate conges- 
tion, 31; death rate in 1863 greatest 



439] 



INDEX 



439 



among large cities of world. .'>2; 
life in Fishei-'s Alley, 33; '" King" 
development due to low status of 
life, o3; illiteracy of inspectors and 
health wardens, 34; in grasp of 
Tweed Ring, 44; charter election 
held Dec. 4, 140; campaign dull, 
141; charter elections, papers take 
little interest, 142; charter elections 
of 18t58, 404; Hall and Conkling 
nominated for mayor, 404 
New York Convention (I8t)8), Chase 
appears best candidate, 325; Presi- 
dential candidates, 330; other Pres. 
candidates, 331, note; delegates' 
attitude on leading candidates; Sey- 
mour disturbing element, 332; meets 
in new Tammany Wigwam, 334; 
Seymour, pres; report of com. on 
permanent organization, 33H; plat- 
form, 339-40; comments of up-State 
press, 348 
New York State, changed situation 
after Civil War, 26; conditions in 
1865 show its strength and resources, 
29; war record of, 29; <!43,270,337.47 
disbursed in bounties, 29-30; indus- 
trially strong, 35; depression in ship- 
ping,' 35-36; agriculture in flourish- 
ing condition throughout War. 36- 
37; comptroller's report for 1865, 
;W-39; canal receipts and disburse- 
ments, 38; condition of railroads in 
1865, 39; report of the superin- 
tendent of the banking department 
for 1865, 40; change in banking sys- 
tem, 39-40; census for 1865, 41; 
census declared fraudulent, 42; in 
grasp of canal ring, 44; elections, 
party tickets for 1864, footnote, 44; 
elections, tickets for 1865, 63;^ elec- 
tions. Unionists win in 1865 by 
27,461 majority, 77; elections, edi- 
itorial comments. 78-79; elections. 
Republican ticket, 92; elections, 
comments of press, 138-10; claim 
that large sums of money were used, 
139; Senatorial campaign intense 
and interesting, 147; Senatorial elec- 
tion caucus assembles Jan. 10, 1866; 
i). F. Folger, chairman, 150; elec- 
tions, '67; little interest displayed; 
excise question prominent, 193; 
elections, '67; multiplicity of polit- 
ical organizations, 196; elections of 



'67; State editors' opinions, 201; 

elections. Democratic landslide, 

207; legislature, Unionist's control 

in 1865, 45; legislature, bribery 

charges, 197 
Nichols, Asher P., senate committee 

to investigate legislative corruption, 

298 
North, Samuel, 179, 368 
Norton, Michael, 323 
Notte, Adolphe, 167 



O'Brien, judge ofCourt of Appeals, 224 

O'Brien, James, agreement as sheriff 
with Field, 284; appoints 2000 
deputies, 899 

O' Gorman, Richard, Tammany nom- 
inee for corporation counsel. 405 

Oliver, James A., special ofiBcer in 
charge of Gould, 285; returns to 
N. Y. without Gould, 286 

Opdyke, George, delegate to constitu- 
tional convention, 213 

Osgood, Vanderbilts's son-in-law, 279 

Otis, Horatio N., secretary of Erie, 
280 

Ottendorfer, Oswald, 323; elector, 367 

Ottwell, John D., 307 

Paige, Alonzo C. , delegate to constitu- 
tional convention, 213 

Palmer, George W., 93; 167; at Syra- 
cuse, 351 

Palmer, H., temporary chairman 
Dem. Con. 334 

Parker, of Cayuga, Senatorial election, 
151 

Parker, Alton B., judge of Court of 
Appeals, 224 

Parker, Amasa J. , delegate to consti- 
tutional convention, 213; member 
judiciary committee, 215; moves to 
strike out section on commission, 
225; favors veto change, 243 

Parker, A. X., of St. Lawrence, 353 

Parker, John L., at Syracuse, 351 

Parker, N. Wilson, 179; 368 

Parks, William M., 53; 108 

I Parsons, Senator, absent from caucus, 
160 
Patrick, Gen. Marsena R., of Ontario, 

53 
Payne, Lewis F., witness Hale com- 
mittee, 299; harbor master, 300 

' Pendleton, George H., followers op- 



440 



INDEX 



[440 



posed to Chase and Seymour, 328; 
Presidential candidate, 80O; papers 
rake up past, 33(3; letter to Wash- 
ington McLean made public, 346; 
hurries to Washington, 381 

Peckham, Riifus W , Jr., judge of 
Court of Appeals, 224 

Peckham, Kufus W., Sr. , judge of 
Court of Appeals, 224 

Pennsylvania, War record of, 29 

Pentz, George B. , elector, 367 

Perrin, Edward O., of Kings, 53; 
candidate for clerk of Court of Ap- 
peals, 361; unanimously elected 
clerk of Court of Appeals, 3B8; vote 
for clerk of the Court of Appeals, 
1868, 392 

Pettibone. Stoughton, elector, 3>5 

Peoples State Convention, and Re- 
publican State Convention, produce 
Union ticket in 1861, 25 

Philadelphia Convention, directed by 
Seward, Weed and Raymond, 83; 
Democrats realize necessity of con- 
ciliating Republicans, 83; Fernando 
Wood and Vailandigham asked to 
withdraw, 83; resolutions on em- 
phatic endorsement of .Johnson's 
policy, 84 

Philadelphia principle, 408 

Philbin, Stephen, War Dem., Cooper 
Union, 1868, 38?. 

Phillips, Wendell, oratorical genius 
enlivens campaign, 73 

Pierson, Henry R.. Erie directory, 
280 

Pierce, James F., introduces motion 
in N. Y. S. senate to investigate 
Erie, 280; senate committee on 
Erie, 280; majority report, 281; re- 
ports electoral ticket, 367 

Pie'Tcpont. Edwards, withdraws Dix's 
name. 105-6 ; member judiciary 
committee, 215; secret meeting at 
his house. 295; War Dem , Cooper 
Union, 1868, chief speaker, 383; 
384 

Piper, Sherburn B., 324 

Pitts, E. L.,307 

Piatt, Moses R.. elector, 355; 356 

Pleasanton, General, Cooper Union. 
1S68. ;-.79 

P<inieroy. Congressman (Rad. ), 137 

Pond, proposes coinl often, 218 

Potttr. John K., of Albany, 53 



Porter, Oliver, elector, 367 

Post, George J. , 356 

Potter, Waldo M., at Syracuse, 351 

Powell, Archibald C. , nominated 
State engineer, 166; defeated, 208 

Pratt, Daniel. 179 

Presidential campaign, Times predicts 
military hero; Grant in minds of 
both parties, 192 

Prince. L. Bradford, 307 

Prindle, Elizur H., proposed 3 de- 
uartments, 227; fixes age limit, 228 

Private Miles O'Reillv, see Halpine, 
C. G. 

Prosser, Erastus S. . candidate for 
treasurer, 167 

Prostitution, amount of property in- 
vested for immoral purposes; cost 
to City, 35 

Pruyn, Robert H., candidate for Gov- 
ernor, 100; nominated for lieutenant- 
governor, 107; influence of Hofl- 
man on, 131; 137; Spencer pledges 
support to Robert H. Pruyn, 304 

Radical Convention, held at Phila- 
delphia, Sept. 3. 1866; comments of 
the press, 91. note 

Radicals, success in Maine elections, 
101 

Ramsdell, Homer, fails to appear as 
witness, 281 

Ramsey, Joseph H. . constitutional 
conv., 231; 352 

Randall, H. S., 360 

Ranney. Luke, assemblyman, 287; 
testimony, 2^0; 291 

Rapallo, judge of Court of Appeals, 
224 

Rath bun, George, 244, note 

Ray, Henry, assemblyman, 287; in- 
volved in testimony. 288; testimony, 
290; sensitiveness about bribery, 291 

Raymond, Henry J., editor of Times 
enters Congress in 1865, 27; col- 
lision with Greeley, 62; consoles 
Democrats, 78; Seward takes him 
to see President with a purpose, 
83-4; address at Philadelphia con- 
vention causes his political death, 
84-5; removed from chairmanship 
of Republican national committee, 
8"); declines nomination by Conser- 
vative Republicans, 8(\- Greeley 
comments on declination, 86; no 



441 ] 



INDEX 



441 



sympathy among editorial col- 
leagues, 86; accused of having 
turned Copperhead, 85; letter to 
Ransom Balcom, 85-6; 90; open to 
conviction, 315; argues that the 
country needs quiet, 377; 409; in 
accord with party, 413; see aho 
Times 

Reeves, Joseph, 307 

Reynolds, Edwin R. , elector, 355 

Reynolds, Gideon, 108 

Reconstruction, rive theories of, 4(), 
note; Times approves Congressional, 
184 

Republican (Chicago), attacks Slocum, 
71 

Republicans, State Convention, pro- 
duces Union ticket with Peoples 
State convention, 25; absorb War 
Democrats, adopt name Union, 25; 
referred to as Unionists or Union 
Republicans, as Radicals, and as 
Conservatives, 88-11; Radicalsdomi- 
nate party till 18ti8,89; terra Union 
dropped 1868. 89; convention of 
1866 opens at Syracuse Sept. 5, 91; 
Charles H. Van Wyck, temporary 
chairman, 92; Lyman Tremaine 
permanent president, 92; conven- 
tion of 1866 demand for new men, 
92-3; State central committee, note. 
93; convention of 18()6 attitude of 
up-State editors, 94; convention of 
'66 platform, 95-6; attitude on Re- 
construction, 96; convention of '66 
editorial comments, 97-8; dissension 
in ranks, 130; Maine and Vermont 
a:ive large majorities to, 132; win 
Pennsylvania, Ohio, Indiana and 
Iowa. 132; win New York by, 133; 
Senatorial caucus, 150-2; rumors of 
corruption, 153-4; State convention 
1867. ticket, 1(56, note; State conven- 
tion, '(17; platform, 168; comments of 
the press, 169 71; attack Dem.. 181; 
rally at Cooper Union, 189; attempts 
to counteract Dem. attacks, 200; 
denied, 202; dissensions among, 
202-3; State convention of '68 rati- 
fying body; meets at Syracuse, 303; 
anti-Fenton feeling, 303; contest 
between City factions, 303; State 
convention of 1868, ratifying body, 
303; reorganization committee under 
Messrs. Fithian and Murphy, 304; 



Van Wyck pres., 306; State nom- 
inating convention held at Syracuse. 
July 8, 1868; ratifying body, 351; 
Twenty-third Street organization 
asks for reorganization, 352; Coch- 
rane pres. con., 35;^; Griswold's 
nomination unanimous; 3 candi- 
dates for Lieut. -Gov. ; Cornell nom- 
ination unanimous, 354; platform 
echo of Chicago. 356; State com- 
mittee, 356, note; press comments, 
357-9; appeal to Irish and Ger- 
mans, 1868, 380 

Richardson, Gov. (111.), 335 

Richmond, Dean, favors war, 25; holds 
ascendency, 26; 53; untimely death 
of, note, 101 

Richmond, Henry A., Dem. State 
com., 1866, 108; 179; Dem. dele- 
gate, 324; 368 

Richmond, Van Rensselaer, nomi- 
nated canal commissioner. 179; 
elected, 208 

Rider, Ambrose L. , elector, 355 

Roberts, Ellis H., editor Utica Morn- 
ing Herald, leads Unionist dele- 
gates, 57; believes Johnson will 
stand " by the voice of the people." 
78; presents Conkling's name, 150; 
307-8; contrasts Rep. and Dem. 
conventions, 359; gives his paper a 
very conservative tone, 388; see also 
Morning Herald (Utica) 

Roberts, Marshall O., candidate for 
Gov. , 351 ; elector at large, 355; 359 

Robertson, H. D., Rep. State com., 

1866, 93; 136; Rep. State com., 

1867, 166; 307; at Syracuse. 1868, 
351 

Robinson, Lucius, nominated for 
comptroller, 49; esteemed by both 
parties, 52; of ('hemung, 53; 136; 
161 

Rockwell, William, Rep. Nat. dele- 
gate, 1868, 307 

Rodgers, p:ii W., Rep. Nat. delegate, 

1868, 307 

j Root, Samuel, Rep. State com., 1868, 

356 
Rosenberg, Tanmiany naturalizer, 398 
Ross, Elmore P., Dem State com., 

1865, 53; 179; Dem. Nat. delegate, 

1868, 324; 368 
Ro.ss., L. W., and M. C. Kerr present 

minority Cong. com. report, 399 



442 



INDEX 



[442 



Rowley, William C, elector, 367 

Roy, James, elector, 367 

Ruger, William C, chief judge of 
Court of Appeals, 224 

Rumsey, David, moves to retain ex- 
isting veto, 243; 245, note 

Russell, Cornelius A., Dem. Nat. 
delegate, 1868, 323 

Sammons, Simeon, 323 

Sanford. George H., 179; 323; 368 

Saxe. John G., 103 

Schell, Augustus E. , interest in Erie 
settlement, 295; share in settlement, 
29(i; 323; stands by Dem. ticket, 
1868, 3S2 

Schenck, weak position of, 204 

Schermerhorn, Edmund H., War 
Dem., Cooper Union, 1868, 383 

Schermerhorn, Isaac M., 93 

Scheu, Solomon, nominated State 
prison inspector, 179; elected, 208 

Schoonmaker, Marius, proposes ten 
senatorial districts, 239; and Messrs. 
Tappan and Champlain presents 
minority report, 243-4 

Schoecraft, Matthew J., elector, 367 

Schuetz, Frederick, elector, .'i55 

Schumaker and Cassidy present minor- 
ity suffrage report, 23 J 

Schurz, Carl, temporary chairman 
Chicago convention, 311; at Syra- 
cuse, 1868, 385 

Scott, George B. , 179 

Searle, Gideon, 188 

Seldon, Henry R., elector at large, 
355 

Selkrig, nominates Cornell for lieut.- 
gov. , 354 

Selye, Lewis, wins election over Ros- 
well Hart, 130; 137; Radical candi- 
date for Congress, 389 

Sedgwick, cand. for recorder, 135 

Sessions, Walter L. , 252; refuses to 
serve, 853 

Seward, William H. , regarded as 
leader of conservative Unionists, 27; 
leader of Johnson faction, 59; ad- 
dresses his neighbors in Auburn, 73; 
victim of President's attempt to 
organize new party, 87-88; accom- 
panies Johnson against his will, 88; 
loss of influence, 128; address at 
Auburn, 1868, 390; federal patron- 
age, 378; 407; grasp nerveless, 409 



Sexton, Seymour, 307 

Seymour, Horatio, defeats Wadsworth 
lor Gov., 1862,24; cautious advisor, 
25; influence on increase, 26; defeat 
desired, 44; of Oneida, 44; receives 
361,264 votes, 45; fails to receive 
presidency of Albany convention, 
48; admits national affairs have im- 
proved, 66; Democratic organs sent 
to divert attention from Chicago 
platform. 72; ends campaign at 
Seneca Falls, Nov. 5, 72; prominent 
at Dem. convention; struggle with 
Hoffman, 172; made chairman of 
convention press comments, 173; 
speaks at Dem. ratification meeting, 
191; 192; .speech in Dem. Conven- 
tion, 322; delegate at large, 323; 
Herald and Evening Post accuse, 
329; pres. Dem. conv. , 336; ad- 
dress, 337; landslide for, 341; press 
comments on nomination, 344; an- 
nounces that any change must in- 
clude him, 382; ridiculed, 3S3; 
invades West, .S84; electoral vote, 
1868, 392; World praises, 403; 
411 

Shafer, Senator, 103 

Shaler, Alexander, elected supervisor, 
135 

Sharp, George H., 307 

Sharpe, G. G. (Colonel), Cooper 
Union, 1868, 379 

Shepard, James G., elector, 367 

Sherman, J. W. , Dem. State com., 
1366, 107 

Sherman, John (Senator), 5-20 bonds 
could be paid in greenbacks, 167; 
379 

Shirmer, elected coroner, 135 

Shotts, Assemblyman caucus teller, 
151 

Sickles, Daniel E. , 58; delegate at 
large, 306; moves unanimous nomi- 
nation for Colfax, 313; Cooper 
Union, 1868, 379 

Sickles, Henry J., 324 

Sigel. Franz, named for lieut.-gov., 
354 

Skidmore, Director (Erie), fined, 297 

Sloan, Samuel, War Dem., Cooper 
Union. 1868, 383 

Slocum, Henry W. . nominated for 
secretary of state, 49; friends scout 



INDEX 



443] 



idea of his accepting Dem. nomina- 
tion, 51; of Onondaga. m\ Unionist 
journals make capital out of his 
change of faith, 71; Carroll Smith 
gives list of his supporters, 71: at- 
tacked freely by Syracuse D^nly 
Standard and Chicago RepxMicnn, 
71; endorsed by Sherman, Dix, 
Sickles. Cochrane and otiiers, 75; 
candidate for Governor, 100; retires 
in favor of Hofiman. 101; o64-.',; 
365; elector-at-large, 367 
Smith. Charles E. (of Albany), nom- 
inates Ira Harris, 151 
Smith (of Fulton) proposes amend- 
ment to judiciary article, 216 
Smith, Carroll E., editor of Syracuse 
Daily Journal, defends Slocum, 52; 
confines comments to State. 140; 349 
Smith. E. Delafield, Thomas Murphy 
and A. G. Plumb approve list of 
contestants. 304 
Smith, Henry, temporary chairman, 

352 
Smith, Lewis E., com. State conven- 
tion, 1868, 353, note 
Smith, Orrin W., 361 
Smith, Washington J., withdraws in 
favor of Frank B. Gallagher, 107-8 
Smythe, Henry A., proposed impeach- 
ment of, 158 
Soldiers, treatment of Union, in South- 
ern prisons, 127, note 
Spencer, Charles S.,59;95; 96; 159; 
distributes copies of Tribune; as- 
sails Twenty-third street organiza- 
tion, 164; nominates Hudson Law- 
rence, 166; present at Cooper Union 
rally, 190; convention epeech. 304; 
307-8; forces admittance of South- 
ern votes, 311; at Syracuse, 351; 
objects to committee, 352; moves 
for informal ballot, 354; elector, 355 
Spriggs, J. T., 53 
Stanton, Elizabeth Cady, runs for 

Congress. 136; 337. note 
Stebbins, Charles W., 323; 324 
Stebbins, Henrv G., candidate for 
speaker. 374;' War Dem., Cooper 
Union, 1868, 383 
Steedwell, E. A., elector. 355 
Stevens, Thaddeus. controls Pennsyl- 
vania Union convention, 48; leader 
of Pennsylvania Radicals, 81; Even- 
ing Journal predicts overthrow, 203; 
disgust with, 410 



443 



Stewart. Congressman, (Conser. ) 6th 

dist., 136 
Stewart. Alexander T., elector. 355; 
War Dem., Cooper Union, ISiiS, 383 
Stewart, Robert, elector, 355 
Stewart, Thomas E.. 107 
Stewart, William R. , 307 ; reports 

electors-at-large, 355 
Stone, Ruby H. . elector, 367 
Strong, John M., nominated for in- 
spector of State prisons, name with- 
drawn, 368 
Stuart, Robert L., War Dem., Cooper 

Union, 1868, 383 
Sturtevant, Alvin, 167 
Suffrage. Pres. Johnson, favors quali- 
fied negro sufirage, 46; north takes 
attitude of Mississippi convention as 
indicative of Southern sentiment. 48; 
public sentiment at first against 
negro, note, 62; woman's ticket, 
1866. 136; majority report by 
Greeley, 233; qualifications, 234; 
minority report by Cassidy and Shu- 
maker. 234; registration compulsory, 
235; women endeavor to advance 
cause, 236; Wales proposes woman 
sufirage, 236. note; Curtis champions 
woman's cause, 237 ; prejudices 
against negroes continues. 237 ; negro 
sufirage stumbling block, 262 
Sumner, Charles, controls Massachu- 
setts Union convention. 48; with 
Chase visits President. 62; leader of 
Massachusetts Radicals, 81; disgust 
with, 410 
Sun considers Grant tower of strength, 
317; favors Chase. 326; character- 
izes Blair and Seymour. 346; edi- 
torial on Dem. State con., 309; 
makes only true prediction. 372; 
admits Grant's election. 381; de- 
nounces election frauds. 401; Grant 
will pacify country, 402; editorial 
on charter election, 405 
Sutherland, Citizens Assoc, takes up 

charges against, 198 
Sweeney, James M . elector, 367 
Sweeny. Peter B . becomes prominent 
factor in Democracy. 26; 53; 108; 
179; gives city $200,000, 201; ap- 
pointed to Erie receivership, 279; 
made Erie director. 2ft7; 3(i0; 3ti8; 
furnished brains for Tweed Ring, 
377, note 
Sweet. Svlvanns H., of Oneida, 53 



444 



INDEX 



[444 



Swift. John L. , opinion oi Pendleton's 

candidacy. 334 
Swinging round (he clrkle, 87; CJim- 

paign book by retroleum V. Nasbj', 

117. note 
Syracuse, home of Bamum and Slocum 

center of up-State campaign, 69; 

center of Dem. up-State campaign, 

131 

Taber, Congressman (Dem. ), 1st dist., 
1866, 136 

Taggart, Judge, dissatisfaction over 
overthrow, 202 

Talmie, Collin, 323 

Tammany Hall, utilizes foreign ele- 
ment to help Democracy, 26; gains 
over Regency and Mozart Hall, 26; 
source of power in vile conditions, 
35; rewards Mozart Hall, 175; pub- 
lic awakening to machinations of, 
200; John Kelly calls for loan, 200; 
Judge Morris attacks, 363; press 
comments on frauds of, 394; nat- 
uralization committees under Gale 
and Rosenberg, 398 

Tappan and Me.ssrs. Schoonmaker and 
Champlain present minority report, 
243^ 

Taibox, assemblyman, caucus teller, 
151 

Temperance, State convention meets 
in Albany, 171 

Ten Broeck, Cornelius, candidate for 
clerk of Court of Appeals, 361 

Ten Eyck, enlarges State com., 362 

Tennessee, accepts amendments and is 
restored to Union, 82 

Terwilliger, James, 167; 356 

Thayer, C. S., speaker Dem. rally, 
205 

Thayer, Fi-ancis S. . senate committee 
to investigate legislative corruption, 
298 

Thompson, Henry, director Erie, 
fined, 297; pavs Payne, story rela- 
tive to Caldwell, 300; 301 

Thompson, R. W., chairman com- 
mittee on platform, 312 

Tilden Henry A., 323 

Tilden, Samuel J., discredited. 48-9; 
90; 108; 17M; delegate to constitu- 
tional convention, 213; casts doubt 
on legality of submission, 247; 
prominent at Dem. convention; 



calls to order, 172; calls Dem. Con- 
vention to order, 322; delegate at 
large, 823; accused of conspiracy. 
342; 3(:0; calls 18H8 convention to 
order, 361; 368; keynote for Demo- 
crats, 372; stands by ticket, 1868. 
382; secret circular attributed to; 
denies knowledge of circular, 393; 
aspires to Seymour's place in party, 
412 

Tilton, Theodore, Chase's energetic 
friend, 326; see also Independent, 
The 

Times, The, unable to appreciate 
Democratic cliange of heart, 49; 
comment on Horace Greeley. 92; 
prediction of, 133 note; loyal ser- 
vant. 315; devotes strength to finan- 
cial rebuttal. 376; final arguments 
on Griswoid and Hoflman. 891; de- 
nounces election frauds. 401 

Times (Chicago 1. questions life of 
Democracy, 144 

Times (Troy) defends Griswoid, 375 

Titus, Charles M., elector. 855 

Topliff, E. C. , 188 

Torrance, C. C. , proposes A. P. Lan- 
ning, 363 

Toucey. Sinclair. 353 

Townsend, John D., relations between 
the Erie and Tweed, 292 

Townsend, Martin I., discusses consti- 
tution, 257; speech of 1868, 379 

Townsend, Solomon, 245, note 

Travis, nominates Greeley, 151 

Tremaine, Lyman, peimanent presi- 
dent Syracuse (Rep.) convention, 
92; life, 146-7; comment on Conk- 
ling's election, 152-3; speaks at 
Rep. convention, 306 ; delegate at 
large, 306; reports resolutions, 308; 
candidate for Gov., 351 

Trihtme, The. hurls charges at Gen. 
Slocum. 67; opinion of Conkling, 
155; engages in war with all conser- 
vative journals, 195; blames N. Y.. 
Rep. papers. 209; harms work of 
convention, 259; attacks Hoflman 
for connection with Tweed, 377; 
denounces election frauds. 401 ; .see 
also Greeley, Horace 

Tucker, Gideon T. . surrogate, 103; 
elected surrogate, 135 

Tweed, William Marcy, becomes 
prominent factor in Dem. party, 26; 



445 J 



INDEX 



445 



115; candidate on Union Rep. and 
Tammany tickets. 197; 279; senator, 
on Vanderbilt side. 2S6; extending 
power in legislature, 292; made 
Erie director, 297; 32;^; 324; vice- 
pres. Dem. con., 336; leads Tam- 
many forces, 360; leads cheers for 
Hotiman, 363; gross frauds of. 39;-); 
399; would not be tolerated to-day, 
412 

Union League Club, charges fraud, 
394 

Unionists, factions among, 24; origin 
of, 25; gain control of State in 1863. 
26; evidence of dissensions among, 
26; Greeley-Weed fend flourishing 
in 1865, 27; N. Y. State ticket for 

1864, 44; N. Y State ticket for 

1865, 53; convention opens in Syra- 
cuse, Sept. 20, 1865, 56; convention 
of 1865, Radical journals comment, 
56; delegates led by Ellis H Rob- 
erts. 57; Radicals claim majority 
by 70 to 50, 58; Conservatives as- 
sert control. 59; controlled by 
Henry J. Raymond and Thurlow 
Weed, 59; Preston King and Wil- 
liam H. Seward represent factions 
contending for Johnson's favor, 59; 
Radicals affirm right of loyal South- 
erners to vote in reorganization of 
State governments. 61; platform. 
63-4; editorial comments, 64; strong 
majority. 77; national convention 
of 1866'opens at Philadelphia. Aug. 
14, 82; preliminary ccmvention held 
at Saratoga. 90; " Homer Nelson, 
temporary chairman, 90; elect eight 
delegates-at-large to Philadelphia 
convention, 90 ; State convention 
of 1867 meets at Syracuse, Sept. 25. 
159; editorial comments, 162; na- 
tional convention of 1866. .?ce aho 
Philadelphia convention ; Repub- 
lican 

Universe. The, comments on Johnson's 
Fenian attitude. 122 

Vallandigham, Clement L., asked to 
withdraw from Philadelphia con- 
vention, 83; 343 
Van Anden, Isaac, elector, 367 
Van Arnam, Cong. Rad. 31st dist. 
18<;6, 137 



Van Brunt, George H. . elected. 1:08 
Van Buren, John, nominated attorney- 
general, 49; of New Y'^ork, 53; at- 
tacks Seymour and Vallandigham, 
67; Greeley comments on attack, 
67; great efforts in campaign, as- 
sisted by Montgomery Elair and 
(ien. John Cochrane, 69; dies Oct. 
14, 1866; loss to party. 131 
Van Buren, Thomas B., and Andrews 

reply to Spencer, 305 
Van Campen, George, 245, note 
Van Cott, Joshua M., nominated for 
attorney-general, 166; defeated, 208; 
delegate to constitutional conven- 
tion, 213; member judiciary com- 
mittee, 215; amendment presented 
by, 242; origin of convention's 
powers, 247; temporary chairman, 
303; 307-8 

Vanderbilt, Cornelius, career of; com- 
parison with Drew. 268; buys 
lieavily. 274; unsuspectingly pur- 
chases Erie bonds. 277; prevents 
panic, 278; influence at Albany 
waned, 292; withdraws, 293; plans 
settlement with Drew, 294; wishes 
as to settlement, 295; terms of set- 
tlement, 296; War Dem., Cooper 
Union, 1868. 383 

Vanderbilt, Cornelius, Jr., witness 
Hale committee. 299 

Vanderpoel. Aaron, War Dem., 
Cooper Union, 1868, 383 

Van Horn. Cong. Rad. 29th dist., 
1866, 137 

Van Schaack David, elector. 367 

Van Valkenburg D. A., Rep. State 
coni . 1868, 356 

Van Vorst. H. C. elector. 355 

Van Wyck, Charles H., 59; tempo- 
rary chairman Syracuse (Rep.) 
convention, 92; 136; 159; pres. 
Rep. convention; censures Johnson. 
oOH; candidate for Gov. ; declines to 
run, 352 

Vance, Z. B. . Blair in class with, 380 

Vermont, elects Rep. ticket, 132 

Verplanck. on unrestricted suUrage. 
258 

Voorhees, of Indiana, speaker at 
Dem. rally. 205 

Voorhies, substituted for Jacobs, 321 . 
note 



446 



INDEX 



[446 



Wade, Benjamin, named for vice- 
pres., olO; 312; third for vice- 
pres. , 313; radical, 380 

Wadsworth, James S., nominated for 
Gov., 1862, as Greeley candidate, 24 

Wagstafl", Alfred, Rep. del. 1st dist., 
1868, 307 

Wait, A. D., Eep. State con. 15th 
dist., 1868, 35t; 

Waite, D. H., severs connection with 
Chautauqua Democrat, 203 

Wakeman, const, conv.. opposed to 
increase in judges, 217; motion for 
re-election of judges carries, 223 

Waldo, A. B., Dem. State con. 4th 
dist. , 107 

Waldo, Christopher A., Dem. State 
con. 6th dist., 53 

Wales, Gideon, proposes suffrage for 
taxpaying women, 236, note 

Walker, Charles C. B. , Dem. State 
con. 7th dist., 1865, 53; 107; Dem. 
State con., 1867, 179; 1868, 368 

Walrath, C. H. , Dem. State con. 6th 
dist., 1866, 107 

Ward, Cong. 27th dist. Dem., 137 

Ward, Eugene, Republican alderman, 
143 

Ward, Gov., calls Raymond political 
apostate, 85 

Warren, Joseph, del. 30th Cong, dist., 
1868, 324; Dem. State con., mem- 
ber-at-large, 368 

Warren. Moses, del. 15th Cong, dist., 
1868, 323 

Webb, W. H., War Dem., Cooper 
Union, 1868, 383 

Weed, Smith M., favor adjournment, 
247; aspires to lieut. -governorship, 
361 

Weed, Thurlow, rise of feud with 
Horace Greeley, 24; power broken 
by rise of Fenton and Radical fac- 
tion, 27; urges Unionists to drop 
former Democrats, 58; prevents test 
vote, 59: praises resolutions of 
Unionist convention, 64; suspected 
by Democrats; attitude of Daily 
Courier and Union, 130; head of 
Twenty-third Street party, 160; as- 
sails Greeley in Commercial Adver- 
tiser, 163; endorses Grant and Col- 
fax, 317; favorite diversion of, 327; 
federal patronage, 378; severe on 
Blair, 380; finds campaign apathetic, 



402; 407; remained true to Phila- 
delphia principle in 1866, 409; 
power lost, 412; see also Commercial 
Advertiser and Albany Evening 
Journal 

Weidrick, M., elector, 355 

Welles, Gideon, Sec. of Navy; throws 
side-light on Seymour, 342; state- 
ment as to payments on Monitor, 
375 

Wells, David A., compiles campaign 
book, 373 

West, Dewitt C, elector, 367 

Westervelt, Jacob A., War Dem., 
Cooper Union, 1868, 383 

Wheaton, Charles, del. 12th Cong, 
dist., 1868, 323 

Wheeler, Elisha P. , elector, 355 

Wheeler, William A., suggested for 
lieutenant-governor, 93; delegate 
to constitutional convention, 213; 
pres. of const, conv. , 214 

Whiskey frauds, revenue officials dis- 
cover, 194; Herald, Evening Post, 
and World give especial attention 
to, 194-5; A'ation points out loss 
and waste, 195 

White, Andrew D., member of senate 
committee to investigate New York 
City conditions, 34; seconds Conk- 
ling's nomination, 148; 151, note; 
reason for advocating Conkling, 154; 
159; comments on Seward's speech, 
1868, 390; frauds well known to, 
394 

White, William B., Republican alder- 
man, 143 

White House Speech, Johnson dis- 
graces himself, 81 

Wickham, William, delegate to con- 
stitutional convention, 213 

Wicks, John J., canal commissioner, 
137 

Wildee, O. C, Kep. Nat. delegate, 
1868, 307 

Williams, Dr. Julian T., political 
doctor for Gould, 285 

Williams, Stephen K. (Senator), of 
Cayuga, Times accuses, 188; Citi- 
zens' Assoc, takes up charges 
against, 198 

Williams, William, Dem. Nat. dele- 
gate, 1868, 324 

Williamson, Amos J., Rep. State 
com., 93 



447] 



INDEX 



447 



"Willson, Hugh B., charges W. J. 
Humphrey with corruption, 197 

Wilson, Benjamin, Rep. State com., 
1808, 356 

Wilson, Henry, named for vice-pres. , 
310; 317 

Wing, Halsey R., Dem. Nat. delegate. 
1868, 323 

Winslow, John S., Rep. State com., 
1866, 93 

Winslow, John F., Griswold's partner, 
374 

Winslow, Morris, elector, 355 

Wise, Henry A., Blair classed with, 
380 

Woman Suffrage, central committee 
presents resolution to N. Y. con., 
337, note; see also suffrage 

Wood, Congressman ( Dem. ) , 9th dist. , 
1866, 136 

Wood, Fernando, 25; influence dimin- 
ished, 26; asked to withdiuw from 
Philadelphia convention, 83; money 
spent to elect, 305 

Woodford, Stewart L., of Kings, 92; 
nomination of, 93 ; 132 ; elected 
lieut.-gov., 133; speaks at Rep. con- 
vention, 306; candidate for Gov., 
352; nominated for Gov., 354 

Work, Frank, director on board Erie 
R. R., 271; petitions for injunction, 
272; director of Erie, 274; interest 
in Erie settlement, 295; share in 
settlement. 296 

Workingmen's convention, delegates 
given seats in Dem. Nat. con., 336 



Worth, Jacob, elector, 355 

World, The comments on change of 
Democratic ideas, 49; considers 
Dem. ticket not strong, but liberal, 
53; resents charge against Slocum, 
67; prophesies future victory in face 
of defeat, 77: predicts loss of Conser- 
vative vote, 97; gives lie to Rep. 
organs, 116; consoles Democrats, 
137; considers Connolly honest and 
economical, 143 ; assails Conk- 
ling, 155; summarizes candidates, 
note, 180; reviews canal frauds 
under Rep., 206; warns Democrats, 
211; on the Chicago convention, 
316; attack on Grant, 374; attacks 
Griswold, 374; seconds Hoffman, 
376; on Grant and Blair, 380; de- 
mands change in ticket, 381; fails to 
mention election frauds, 401 ; praises 
Seymour, 403 

Worth, Samuel, cand. for nomination 
to State treasurer, 1867, 179 

W^ right, William W., nominated for 
canal commissioner, 107 

WyckoflJ Samuel S., elector, 355 

Young, Campbell H. , named for clerk 
Court of Appeals, 355; vote for 
clerk of the Court of Appeals, 1868, 
392 

Young, John Russell, represents 
Greeley at Syracuse, 351 

Young, Solomon C, discussion of 
district plan, 239 

Younglove, Truman G., 307; 352 



VITA 

The author of this monograph was born May 6, 1884, 
at Syracuse, New York. After receiving his preparatory 
education in the pubHc schools of that city he entered Syra- 
cuse University, from which he graduated in 1906 with 
the degree of Bachelor of Philosophy. The next two years 
were spent at Syracuse following courses in History and 
courses in Civil Law, for which he received the degrees of 
Master of Philosophy, in 1907, and Bachelor of Laws', in 
1908. He was admitted to the New York State Bar in 
July. 1908. From the fall of 1908 until the present he has 
been in residence at Columbia University as a candidate 
for the degree of Doctor of Philosophy. At Syracuse 
I'niversity the author attended courses given by Professors 
¥.^illiam H. Mace and Alexander C. Flick ; and at Colum- 
bia University courses given by Professors John W. Bur- 
gess. William \. Dunning, Herbert L. Osgood. William R. 
Shepherd and John Bassett Moore. The author was an 
A.ssistant in the Department of History, Syracuse Univer- 
sity, for one year, and has, also, taught History in the Pros- 
pect Heights School for Boys, Brooklyn, 1910-11; in the 
Twenty-third Street Y. M. C. A. Night School, 1911-13; 
and for the same period in the College of the City of New 
York. 
448 



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